PRACTICAL GUIDE ON NATIONALITY Importance of implementing an approach that ensures a proper examination of the applicant’s protection needs It is recommended that national administrations ensure that their policy with regard to determining an applicant’s country of reference does not create a situation where the protection needs of an applicant who has been arbitrarily deprived of their nationality are not fully examined. 4.1.2. Attribution of nationality in the context of occupation or annexation by another state According to international law, during occupation or annexation of a state by another state, the occupying or annexing state is not entitled to change the nationality of the population in the occupied or annexed territory ( 66). In practice, however, collective attribution of nationality by the occupying or annexing state that is not in line with these international rules does occur. In such cases, even if illegally attributed, the imposed nationality may create a legal bond with the country, depending on whether the person had a real possibility to opt out of adopting this nationality. The applicant may thus benefit from the protection of that country, provided they have no fear in that country. Thus, both countries of previous and newly attributed nationalities are to be considered as countries of reference. Practical example The applicant is a citizen of country A. One day, the region he lives in is illegally invaded and occupied by country B. Country B attributes nationality B to all the citizens of country A who live in the region occupied by country B. Both country A and country B are to be considered countries of reference. If an applicant did not have a real possibility to opt out of the nationality that was imposed upon them by the occupying or annexing state, only the country of their original nationality should be considered as a country of reference. However, it is relevant to assess whether this act of attribution of nationality and its consequences constitute persecution or serious harm (see Section 7.1.3. Forced attribution of nationality). Keep in mind also that a foreign state acting on another country’s territory does not preclude that state from being an actor of persecution in the occupied or annexed territory. (66) Article 47 of International Committee of the Red Cross, Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 75 UNTS 287, 12 August 1949; see for example UNHCR, International Protection Considerations Related to the Developments in Ukraine – Update III, 24 September 2015, paragraph 6; UN Office of the High Commissioner on Human Rights, ‘Situation of Human Rights in the Temporarily Occupied Autonomous Republic of Crimea and the City of Sevastopol (Ukraine)’, 2017, paragraph 57; Council of Europe, European Commission for Democracy Through Law (Venice Commission), Report on the consequences of state succession for nationality, CDL-STD(1997)023, 10 February 1997, paragraph 24. 35