44
Maastricht Journal of European and Comparative Law 25(1)
introduction of the provision in the 1961 Convention did not represent a wider legal interest in the
State community at the time. Second, the absolute, yet not proportional, rise of submitted
declarations in the timeframe of the years 2000 to 2017 indicates that the interest in the practices
permitted under Article 8(3) remain strong, and eventually increasing, interest for a selected
number of states today.
There is no direct correlation that can be proven between the increase of declarations submitted
under Article 8(3) and geopolitical events. The absolute increase of submitted declarations took
place over a time span of 16 years and it is therefore too geographically diverse to be causally
linked to one specific event or series of events. Nevertheless, the revived discussion surrounding
the deprivation of citizenship for nationals fighting with international terrorist organizations
abroad should be briefly mentioned in the context of the increased use of Article 8(3) by State
Parties to the 1961 Convention. Seven out of ten State Parties that have submitted a declaration
under Article 8(3) are reported to be currently confronted with the phenomenon of foreign fighters
joining radical groups fighting in Syria or Iraq.25
Foreign fighters are commonly defined as ‘non-citizens of conflict states who join insurgencies
during civil war’.26 They usually lack affiliation to an official military organization, they are
unpaid and have ideological or religious motives.27 Seven out of the ten State Parties that have
submitted a declaration under Article 8(3) are reported to be confronted with the phenomenon of
foreign fighters joining radical groups fighting in Syria or Iraq. The affected States are Austria
(circa 300 fighters), Ireland (circa 30 fighters), New Zealand (circa 10 fighters), Tunisia (circa
6000 fighters), the United Kingdom (circa 760 fighters), Belgium (circa 470 fighters)28 and
Georgia (circa 100 fighters).29
In 2014, Austria introduced a new provision in its Citizenship Act to deprive volunteer fighters
abroad of their Austrian citizenship, if they possess an additional citizenship.30 The amendment of
the Citizenship Act was introduced as part of a broader package of anti-terror measures, specifically targeting the surge of activities of Al-Qaeda and Daesh both domestically and abroad. In July
2014, the United Kingdom introduced an amendment to the British Nationality Act 1981, empowering the Home Secretary to deprive the citizenship of a naturalized citizen on the grounds that they
had conducted themselves in a manner ‘seriously prejudicial’ to the vital interests of the UK, and
by governments on deprivation of nationality A/CONF.9/10’, UNHCR (1961), http://legal.un.org/docs/?path¼./diplo
maticconferences/1959_statelessness/docs/english/vol_1/a_conf9_10.pdf&lang¼E.
25. The Soufan Group, ‘Foreign Fighters. An Updated Assessment of the Flow of Foreign Fighters into Syria and Iraq’, The
Soufan Group (2015), http://soufangroup.com/wp-content/uploads/2015/12/TSG_ForeignFightersUpdate3.pdf. For a
definition of foreign fighters, see D. Malet, ‘Why Foreign Fighters? Historical Perspectives and Solutions’, 54 Orbis
Journal of Foreign Affairs (2010); J. Colgan and T. Hegghammer, ‘Islamic Foreign Fighters: Concept and Data’, Paper
presented at the International Studies Association Annual Convention, Montreal, 2011, p. 6.
26. D. Malet, 54 Orbis Journal of Foreign Affairs (2010), p. 108.
27. J. Colgan and T. Hegghammer, ‘Islamic Foreign Fighters: Concept and Data’, Paper presented at the International
Studies Association Annual Convention, Montreal, 2011, p. 6.
28. The Soufan Group, ‘Foreign Fighters. An Updated Assessment of the Flow of Foreign Fighters into Syria and Iraq’, The
Soufan Group (2015).
29. L. Coffey, ‘Recruiting Georgia in the fight against ISIL’, Al Jazeera (2015), http://www.aljazeera.com/indepth/opin
ion/2015/05/recruiting-georgia-fight-isil-150509063258263.html.
30. Parlament der Republik Österreich, ‘Anti-Terror-Paket passiert den Nationalrat: Parlamentskorrespondenz Nr. 1196
vom 10.12.2014’, Parlament der Republik Österreich (2014), https://www.parlament.gv.at/PAKT/PR/JAHR_2014/
PK1196/.