32. It is important to note that a number of the human rights which stand to be impinged as a result of citizenship deprivation, are non-derogable rights under international human rights law. Consequently, even in a time of emergency, any contemplation of citizenship depravation must adhere to the prohibition of arbitrariness (Principle 7), equal protection of the law and the prohibition of discrimination (Principle 6). Further, in no circumstances should such deprivation result in violations of other non-derogable rights under the ICCPR, including the right to life (see Principle 9.2 on non-refoulement), freedom from torture, cruel, inhuman or degrading treatment or punishment (see Principles 9.2 and 9.3), and the right to recognition as a person before the law (see Principle 9.5).43 Principle 5: The avoidance of statelessness PRINCIPLE LEGAL STANDARD 5.1. States must not render any person stateless through deprivation of nationality. 1961 Convention, Art. 8(1): “A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless. 5.2. An assessment of whether deprivation of nationality will render a person stateless, is neither a historic nor a predictive exercise. The question to be answered is whether, at the point of deprivation, the individual is considered by the competent authority of any other State, as a national under the operation of its law. European Convention on Nationality, Art. 4(b): “The rules on nationality of each State Party shall be based on the following principles: [...] statelessness shall be avoided [...]. Report of the UN Secretary-General 2012 (A/HRC/25/28): “As a corollary to this right [to a nationality], States must make every effort to avoid statelessness through legislative, administrative and other measures. UNHCR Guidelines No. 5 (2020), para 81: “the .question relevant to whether an individual will be rendered stateless through withdrawal of nationality is whether the individual currently possesses and has proof of another nationality. 44 UNHCR Handbook on the Protection of Stateless Persons under the 1954 Convention Relating to the Status of Stateless Persons (2014), para. 50: “An individual’s nationality is to be assessed as at the time of determination of eligibility under the 1954 Convention. It is neither a historic nor a predictive exercise. The question to be answered is whether, at the point of making an Article 1(1) determination, an individual is a national of the country or countries in question. 43 Institute on Statelessness and Inclusion, Open Society Foundations, Asser Institute and Ashurst, “Expert Roundtable on Citizenship stripping as a Security Measure Discussion Paper 2: Legal issues and international standards (June 2018), pp. 5-6. 44 UNHCR, Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness, “UNHCR Guidelines No. May available at: https://www.refworld.org/docid/5ec5640c4.html, para. 5. 31