2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS”
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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