of deprivation of nationality, its disproportionate impact on individuals, families and communities, and
its detrimental impact on other fundamental human rights.
States have a duty to cooperate with each other and to act responsibly and in accordance with
international law, to maintain international peace and security, and to foster respect for human rights
and fundamental freedoms. The practice of deprivation of nationality, especially when coupled with the
refusal to repatriate and the imposition of entry bans, runs contrary to these obligations and can result in
the ‘exporting’ of a challenge for other States to deal with.
The Principles present a wide range of both well-established and developing international law standards,
which States are obliged to uphold when considering the introduction of new powers or the
implementation of existing powers to deprive the nationality of their citizens. The Principles serve to
provide a clear and authoritative overview of existing international law obligations; they do not establish
any new standards. However, by collating the numerous international law standards at play, the Principles
articulate the extremely high threshold to be met for a State to deprive nationality while satisfying its
international obligations. An analysis of current State practice shows that this threshold is not being met
by any State which has taken the measure of depriving nationality of its citizens to safeguard national
security.
What you will find in the Draft Commentary
This Draft Commentary provides the international law base for each provision contained in the Principles,
with the exception of the Preamble and Principle 1 on Scope of application, sources and interpretation.
The Draft Commentary is organised in the same order as the Principles, with separate commentary text
for each. Under each section, a table provides in its left-hand column the direct text of each Principle, and
in its right-hand column the most directly relevant legal standards, principles and/or sources of
international law. This table is followed by further analytical discussion and an overview of the legal basis
of each Principle, which goes into more detail.
At the very centre of the Principles, are four international norms: the right to a nationality (Principle 2),
the prohibition of arbitrary deprivation of nationality (Principle 7); the prohibition of discriminatory
deprivation of nationality (Principle 6); and the avoidance of statelessness (Principle 5). The Principles
demonstrate how these norms collectively protect the individual from having their nationality deprived,
and clarify that these norms must be viewed togetherto understand how they reinforce and complement
each other. Viewing any of them in isolation, or relying primarily on an international treaty which
addresses one of them, risks violating or undermining the others. This Draft Commentary provides a
detailed overview of the jurisprudence, standards and developments in relation to each of these four
norms, and examines how they come together and complement each other to provide a robust and
holistic protection against citizenship deprivation.
The Principles also address various further human rights, humanitarian and refugee law obligations and
standards (Principle 9), which though less central provide important protection in specific contexts
and in relation to various potential outcomes of citizenship deprivation. For example, the right to enter
and remain in one’s own country; the prohibition of refoulement; the prohibition of torture and cruel,
inhuman or degrading treatment or punishment; the liberty and security of the person; the right to private
and family life; legal personhood; and the rights of the child; all stand to be negatively impacted as a direct
consequence of citizenship deprivation. Therefore, in addition to the assessment of the four central norms
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