or remained substantively similar. Three of these countries
(Israel, Nauru and Switzerland) also now explicitly tie nationality
deprivation and terrorism.
As shown in Figure 4.3, Europe emerges as the epicentre of
expanding powers, accounting for almost half of all countries
globally that amended their legislation to that effect. 18
European states expanded their powers since the year 2000:
Bosnia and Herzegovina, Albania, Austria, Azerbaijan, Belarus,
Belgium, Denmark, Estonia, Finland, Germany, Italy, Kazakhstan,
Latvia, Liechtenstein, the Netherlands, Norway, Romania and
the United Kingdom. Notably, over half of these countries added
terrorism as an explicit ground in their laws, directly linking new
deprivation powers to national security and counter-terrorism
measures.35
In absolute terms, the second largest set of expanded deprivation
powers can be found in the MENA region, where eight countries
amended their laws. In relative terms, the MENA region actually
saw the highest prevalence of reforms – 44% of countries in the
region saw an expansion of deprivation powers in this period.36
Here, again, involvement in terrorism was added as a specific
ground for deprivation of nationality in a number of these
countries – including in the United Arab Emirates, Morocco and
Bahrain.
Other countries introducing deprivation powers were
geographically scattered, including Fiji, Honduras, Seychelles,
South Korea, and Tonga. It should be noted that in some cases,
these newly introduced powers employ broad language and offer
significant scope for discretion. For example, Honduras amended
its legislation in 2003 to enable deprivation of nationality from
“[t]he naturalized Honduran citizen …[who] becomes unworthy of
Honduran nationality”.37
In September 2014, the Security Council unanimously
adopted resolution 2178 to counter the threat posed
by “foreign terrorist fighters” – formally introducing this
language into the UN system and catalysing the adoption
of a broad array of policy measures and action plans by
states to tackle this phenomenon. The resolution explicitly
reaffirms that states’ counter-terrorism policies and actions
must be consistent with international human rights law,
international refugee law, and international humanitarian
law. However, as noted by the UN High Commissioner for
Human Rights, “some of the measures taken under the scope
of Security Council resolution 2178 may have a negative
impact, for example, on the right […] be protected against
arbitrary deprivation of nationality” (A/HRC/28/28).
The analysis undertaken for this report shows that, indeed,
since resolution 2178 was adopted, 15 countries have
introduced or expanded citizenship stripping powers, the
majority linking deprivation specifically to involvement
with terrorist or extremist groups. Moreover, resolution
2178 determines that states must “ensure that any person
who participates in the financing, planning, preparation or
perpetration of terrorist acts or in supporting terrorist acts
is brought to justice” and the subsequent UN Security
Council Resolution 2396 (2017) calls for strengthened
judicial cooperation and for prosecution, rehabilitation
and reintegration of 'foreign terrorist fighters' and their
accompanying family members. Yet, states undermine
commitments to international cooperation when they strip
a person of nationality, expel them to a third country or
subject them to removal proceedings, thereby exporting
the potential security risk and failing to take responsibility
for their own nationals.
Looking more closely at the timing and substance of these law
reforms, a clear correlation emerges between the expansion of
deprivation powers and the rise of global terrorism. There has
been an acceleration of countries reforming their legislation
to introduce or expand these powers between 2016-2022.
This was clearly directly linked to the question of how to deal
with ISIS returnees – a challenge with which the international
community as a whole was grappling, including through the
UN Security Council, as discussed in the boxed text. Between
2006-2010, of the nine countries that added or expanded
grounds for deprivation, five of them specifically added terrorism
as a ground for deprivation. From 2011 to 2015, a further six
countries added or expanded grounds for deprivation – three of
which added terrorism as a ground, while one country added the
ground of joining an armed conflict abroad. However, between
2016-2022, a period undoubtedly marked by the declining
influence of ISIS and the challenge of how to deal with the return
of ISIS fighters, there was a significant increase in countries
expanding or introducing new deprivation powers. Of the 14
countries that took those steps in this period,38 nine countries
added terrorism as a ground for deprivation and three countries
added armed conflict abroad demonstrating a concerted effort to
block the return of ISIS returnees and using citizenship stripping
as a tool to do so. Moreover, several of the countries that had
already introduced or expanded their powers during one of the
earlier periods passed further reforms between 2016 and 2022,
extending the scope of those powers significantly in some cases
– such as in Australia, Denmark and the Netherlands.
Belgium provides another example of a country which greatly
expanded the grounds on which one can be deprived of
nationality. According to Belgian law, only those born to nonBelgian parents can be deprived of their nationality. In the year
2000, persons in this category could lose Belgian nationality if
they “seriously fail in their duties as Belgian citizens”39. Successive
amendments in 2006 and 2012 significantly expanded the
ground on which nationality could be deprived. Consequently,
any person not born to Belgian parents who had been “sentenced,
as perpetrator, co-perpetrator or accomplice, to at least five
years imprisonment for specified offenses” or for “an offense the
commission of which was manifestly facilitated by the possession
of Belgian nationality”, could be stripped of nationality. While
procedural safeguards were incorporated into the amendment,
the scope of the provisions are extremely broad and encompass
a multitude of actions. Given also that deprivation of nationality
on these grounds is limited to those who are not born to Belgian
parents, there is an inherent inequality in the application of these
provisions.
As mentioned, the broadening of deprivation power over the
last two decades has been most prevalent in Europe. In 2000,
Estonia’s deprivation grounds were relatively straightforward,
but also unequal in application. There, only those who acquired
nationality otherwise than by birth could be stripped of it, and
this could only occur where a person joined the intelligence or
security service of a foreign state, or an armed organisation of
such a state, or attempted to change the constitutional order of
The heavy influence of political debates on counter-terrorism
and how to deal with citizens who travelled to Syria and Iraq to
join ISIS have left their mark in other European states as well,
prompting some to include deprivation grounds for which it is
not necessary for a person to be convicted. Rather, it is sufficient
that the individual “actively participates in fighting by a terror organization abroad” (Germany)40 or “voluntarily takes an active part
in combat operations abroad on behalf of an organized armed group
Estonia by force. In 2021 however, these grounds were expanded
to include multiple other grounds such as treason, espionage or
crimes against international security, including terrorism. Notably,
the expanded grounds did incorporate procedural safeguards,
including allowing for deprivation only after a conviction.
27
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