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 Decree 158/2024, however, provides for the retroactive application of revocation. Ar ticle 1 states, in par t that “ The withdrawal of citizenship, or the withdrawal of its certificates, in accordance with the provisions of Articles 13.1 and 21 bis A, shall result in the recovery of all benef its disbursed and granted based on this citizenship" (emphasis added). That is, all benef its received from the date of granting of citizenship up to the date of its revocation will be liable, not just the cessation of such benef its from the effective date or revocation. 53 If the surrender of nationality was for other reasons, not provided for in the December 2024 amendments, the government may continue to provide state benef its to the person or persons involved, but the context for their retention differs from that prior to the changes. 54 TEXT BOX 2 Were revocation decisions made in advance of the formal announcement of Decree Law 116/2024 legal? A report indicates that on 25 September 2024, Kuwaitʼs Cabinet, or Council of Ministers, the countryʼs chief executive body, approved the amendments that became December 2024ʼs Decree 116/2024.55 The GoK subsequently began enforcing this legislation retroactively, in violation of Article 32 of the Constitution, which states that, “No crime and no penalty may be established except by virtue of law, and no penalty may be imposed except for offences committed a�er the relevant law has come into force.”56 The GoK implemented the measures amidst a period of political restructuring and increased governmental control in Kuwait, leading to a large-scale campaign of citizenship revocation. The amendments primarily target naturalised citizens and foreign spouses. It remains unclear at the time of writing whether the government adhered to any meaningful due process as they disregarded gender equality, and the prevention of statelessness. Above all, revocation decisions up to the time of publication of Decree 116/2024 may, in fact, have been illegal. On 31 December 2024, the GoK published Decree -Law No. 158/2024. The shor t text fur ther amended Ar ticle 16 of the Nationality Law. It provided that the withdrawal of citizenship "shall result in the recovery of all benef its that were disbursed or granted based on this citizenship." 57 This means that individuals stripped of their nationality will also lose all associated rights and benef its, including social, economic, and civil entitlements from the date that citizenship was granted. While the Cabinet may make exceptions in cer tain cases, the provision added another layer of punitive measures to citizenship revocation, potentially rendering individuals and their families destitute. 58 The amendment likewise represents a signif icant depar ture from international best practices in nationality law. OVERVIEW 1125

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