Part I. Introduction and Context
beginning of the 20th century.318 While fleeing war, many of these people had lost their
identification documents. This could result in statelessness later, because they could not
prove their identity and former country of residence.319 Furthermore, states deliberately
excluded people and made them ‘stateless’. Relevant in the context of World War I was the
withdrawal of nationality to ‘punish’ an individual for disloyalty or otherwise. Both Miriam
Rürup and Marc Vishniak provide examples of this deprivation of nationality, for instance
for accepting an official post in a foreign state, evasion of military service or serving in a
foreign military, but also for the failure of an official abroad to comply with their superior’s
orders to abandon his position.320 Furthermore, many European countries practiced
‘denaturalization’ on grounds of national security, such as fraud, residence abroad, etc.321
In the context of the War, many foreigners or non-citizens in countries involved
in the War, such as (former) Germans in the UK, were (mis)labelled as ‘enemy aliens’,
and were denied naturalization, but could also be subjected to internment. They had for
instance renounced their nationality or severed their links with their (former) country
of nationality or had been denationalized. They therefore wanted to claim a status
as a person with no nationality – stateless. The Stoeck case that is described by Mira
Siegelberg illustrates this issue.322 She says:
“In the years immediately following the war, individuals […] across Europe sought
recognition from the courts that they did not possess any national status. After the victors
of World War I set out the punitive terms of the Versailles Peace Treaty, there was an even
greater clamor among former subjects of enemy powers – including Germany, Austria and
Hungary – residing in the British Empire to be formally recognized as stateless in order to
avoid the Versailles penalties.”323
The actions of states against their own nationals did certainly cause statelessness, but
after the conclusion of World War I, statelessness increased so massively that more was
evidently happening.324 Indeed, big changes were made to the map of Europe – empires
collapsed and new states emerged, which resulted in the creation of ‘new’ ethnic
minorities. Inconsistent nationality laws of the different (new) countries in Europe had
the consequence that some people were left without a nationality or a nation to belong
318
319
320
321
322
323
324
62
Claudena M Skran, Refugees in Inter-War Europe. The Emergence of a Regime (Clarendon Press 1995)
13–14.
Marc Vishniak, ‘The Legal Status of Stateless Persons’ in AG Duker (ed), Pamphlet Series: Jews and the
Post-War World (No. 6, American Jewish Committee 1945) 15; also cf John Torpey, The Invention of
the Passport. Surveillance, Citizenship and the State (Cambridge University Press 2000) 123.
Miriam Rürup, ‘Lives in Limbo. Statelessness after Two World Wars’ (2011) 49 Bulletin of the German
Historical Institute 113, 118–119; Marc Vishniak, ‘The Legal Status of Stateless Persons’ in AG Duker
(ed), Pamphlet Series: Jews and the Post-War World (No. 6, American Jewish Committee 1945) 13–14.
William E Conklin, Statelessness. The Enigma of the International Community (Hart Publishing 2015)
107.
Mira L Siegelberg, Statelessness. A Modern History (Harvard University Press 2020) 12–25.
Ibid.
See also ILC, ‘Report on Nationality, Including Statelessness by Mr Manley O Hudson, Special
Rapporteur’ (1952) A/CN.4/50, 19.
Intersentia
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