2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS” S871 being denationalized. 94 In 1941, a third law deprived all German Jews outside of German territory of their nationality. 95 Anti-Semitism and ensuing refugee flows were not unique to the German Reich. Poland and the Free State of Danzig, before German occupation, enacted new nationality laws depriving individuals, typically Jews, of their nationality. 96 The Slovak Republic, Hungary, and Romania ordered civil administrative review of Jewish nationals’ documentation and status, denationalizing Jews without promulgating new nationality laws. In Romania alone, 350,000 Jews were rendered stateless pursuant to the civil administrative review. 97 Several States implemented policies expelling Jews. Even for States from which Jews were not expelled, Jews were forced across borders by the consequences of statelessness—deprivation of the freedom of movement, the ability to work, the ability to attend school, etc. In response to the mass displacement crisis, the League of Nations, during the war, established the Office of the High Commissioner of the League of Nations for Refugees. 98 The High Commissioner was charged with ensuring the “political and legal protection” of refugees. It was evident, however, that under the contemporary legal regime, the Office of the High Commissioner would be unable to address the pressing and multifarious needs of the displaced. Though the League of Nations had assigned the Office of the High Commissioner an impossible mandate, the very creation of the High Commissioner’s office during World War II—as well as Allied efforts to avoid the other abuses and crises of World War I 99—reflected under the Shadow of National Socialism, in REFUGEES FROM NAZI GERMANY AND THE LIBERAL EUROPEAN STATES 17–47 (Frank Caestecker & Bob Moore eds., 2010). 94. VISHNIAK, supra note 38, at 7. 95. See id. at 25; Germany Ordinance of November 26, 1941 (Ger.). 96. See, e.g., DAVID CYMET, HISTORY VS. APOLOGETICS: THE HOLOCAUST, THE THIRD REICH, AND THE CATHOLIC CHURCH 122 (2010) (“The Polish issued a denaturalization decree on March 25, 1938 . . . Polish Jews in Austria and Germany became stateless pariahs overnight. In June 1938, the Polish government again announced that those Polish Jews who would return . . . would be interned.”). 97. WILLIAM CONKLIN, STATELESSNESS: THE ENIGMA COMMUNITY 106 (2014). OF AN INTERNATIONAL 98. Budislav Vukas, International Instruments Dealing with the Status of Stateless Persons and of Refugees, 8 BELGIAN REV. INT’L L. 143, 171 (1972) (“On September 30, 1938 the Assembly of the League decided to establish a High Commissioner's Office for the joint protection of all refugees.”); see also Report of the Council Committee Appointed to Draw up a Plan for International Assistance to Refugees, League of Nations Doc. A.27 1938 XII (1938) (describing the future mandate of the Office). 99. See Quincy Wright, The Munich Settlement and International Law, 33 AM. J. INT’L L. 12 (1939); Statement of Mr. Rundall, U.K. Representative, Three Hundred and Twenty- Electronic copy available at: https://ssrn.com/abstract=2954729

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