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2014, §21) increasingly hold that at least some of these obligations extend well beyond
the formal IHL remit, as to encompass for instance hybrid domestic conflicts as well –
which are more and more common.
Meanwhile, on the technical side, outlining the legal demarcation between
statelessness and other more commonly known forms of “borderline citizenship”
will hopefully clarify how technical standards should be designed to accommodate
this phenomenon. To begin with, any system should incorporate a function to ask
these individuals whether they would like their identity to be recorded: while they
have the right to apply for an identity to be recognised by the relevant State, no
obligation is bestowed upon them to do so. Stretching the argument formalistically,
the State might still decide to somehow record the existence of such individuals and
to do so, they will need to identify them in some way, but said identification does not
need to be undersigned or “accepted” by stateless persons. This distinction is sophisticated but not merely formalistic: it might matter for instance towards one’s
degree of civil or even criminal liability in the courtroom.
Whether bilateral or not, data gathering should take place at least in an aggregate form, in order for the phenomenon to be statically assessed more accurately. As
of today, no statistics seem fully reliable, because they are either based on voluntary
self-disclosure, or based on incomplete primary data such as birth registries in the
“Global South”. Also drawing on recommendations from the EGRIS Technical Progress Report submitted to the Fifty-third meeting of the UN Statistical Commission,
more work is warranted towards demographic modelling and statistic data linkages,
and the scientific capture of their sociolegal implications (Strode and Khanna 2021).
A cloud-based open registry, possibly in the form of a blockchain (Gstrein and
Kochenov 2020; Hobson et al. 2023), should be established and entrusted to an independent organisation, possibly funded by wealthy diaspora networks as opposed
to reliant on voluntary state contributions, to be placed under the nominal authority
of a specialised IO. Because States are active producers of statelessness and their
bureaucratic apparatuses cannot necessarily be trusted, the registry should be
accessible to them but entries should be modifiable by stateless individuals themselves only, in such a way that while voluntary statelessness might fall off-radar,
most involuntary one is consistently recorded and each case can be brought to the
attention of a selected group of States to be selected upon predefined criteria.
To break the intergenerational cycle of poverty and misery rooted in statelessness, special focus is called upon recording new births whenever feasible (Human
Rights Council 2014, §9–70; OSCE 2017, 31; 51): no matter the parents’ legal status, and
possibly irrespective of the latter’s consent, newborns are to be provided with
identity and citizenship as soon as possible – well-founded parental concerns around
security (to be judicially appraised) representing the only exception.