S TAT E L E S S B Y D E C R E E
S TAT E L E S S B Y D E C R E E
Domestic Legal
Framework
Kuwait ʼs 1962 Constitution, with a 1992 amendment, sets out general
commitments to a separation of legislative, executive and judicial powers and
vague asser tions of generalised enfranchisement and empowerment of people and
pillars of society. However, the Amir ʼs unchecked power is present in each of these
spheres. 34
The GoKʼs narrow and restrictive approach to citizenship derives from the
constitutional equivocation of Ar ticle 27, which states that citizenship “shall be
determined by law”. This suggests a principle of legality, requiring that any action
to def ine, grant, or revoke nationality would be based on clear legal provisions.
In practice, its implementation is opaque and subject to the whims of the Amir.
In Par t IV of the Constitution, entitled The Power, Ar ticle 51 states that the Amir
possesses legislative power, Ar ticle 52 states that executive power is “vested in the
Amir” while judicial power is vested in the cour ts, “in the Amirʼs name”, and
Ar ticle 54 def ines the Amir as Head of State, who is “safeguarded and inviolable”.
These provisions provide the context for Amir's May 2024 suspension of the
National Assembly, whose powers, set out from Ar ticles 79 to 122 of the
Constitution, are depicted as secondary to that of the Amir.
In respect to those stripped of their citizenship, the Constitution promises
judiciability in respect to decisions, whether by private or state actors: Ar ticle 166
states that “ The right to litigation is guaranteed to all. The Law shall determine the
procedure and the conditions necessary for the exercise of that right.”
Despite the asser tion in Ar ticle 166 that access to or eligibility for Kuwaiti
nationality is not generally addressed in the cour ts, Kuwait imposes strict legal
limitations on judicial jurisdiction over nationality and citizenship matters,
effectively shielding these decisions from legal review. The Cour t of Cassation,
Kuwait ʼs highest judicial authority, ruled on 17 April 2022 that citizenship and
nationality issues are “acts of sovereignty” and therefore do not fall
under judicial oversight. Cour ts have no jurisdiction to hear challenges to
citizenship decisions. The Cour t of Cassation repor tedly grounded this in Ar ticle
2 of Amiri Decree 23/1990, on the Organisation of the Judiciary.
Fur ther, as recorded in 1995, the GoK “ has stated the view that conferring citizenship
is a sovereign right that is not subject to international scrutiny. It cites international
instruments such as the Hague Conventions of 1930 as granting states full discretion in
determining who should be their nationals.” 35 On 18 October 2012, then Prime
Minister Jaber Al-Mubarak Al-Hamad al-Sabah told a member of the team
preparing this repor t that disputes relating to the granting of nationality is a
sovereign matter and not subject to cour t challenge. 36 Similarly, a 2013 ruling in
an asylum case in the UK noted, too, that “After independence the Kuwaiti
government formed a committee to register and review claims for nationality, but this
body was dismantled in 1969. Thereafter, claims relating to itizenship remained
matters of administrative determination. There is no right of appeal to the courts.” 37
OVERVIEW
1120
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents