as a discriminatory tool targeting specific communities whose members frequently
hold a second citizenship.171
While human rights courts and bodies recognize that citizenship rules may impinge on
other rights,172 it is important to note that the applicability of human rights does not
depend on nationality. Under human rights treaties, obligations are owed by states to all
individuals within their jurisdiction. Even where nationality stripping may be considered
justified, it should not be assumed that the state can then set aside other human rights
obligations in respect of the individuals in question. In this sense, the right not to be
arbitrarily deprived of nationality is not coterminous with – and should not be confused
with – the other rights at stake.
In practice, stripping of nationality often precedes or is linked to other steps that implicate human rights, whether they include denial of entry to a state, deportation or other
steps. In particular, the power of states to deprive individuals of their nationality does
not necessarily entitle the state to lawfully exclude an individual from its territory,
as the right to enter or leave one’s own country173 is not limited to “nationals” under
human rights law, but to those with a relevant and substantial link to the state.174 Nor,
as a matter of law, does deprivation of nationality affect the right not to be expelled,
returned or extradited to another state where there are real risks of serious human
rights violations such as torture and other ill-treatment if used (as is often the case) as a
precursor to deportation.
Due consideration should also be given to the overarching effectiveness of deprivation
of nationality, and associated measures such as exclusion or deportation, to meet preventive goals. As already noted, stripping nationality does not automatically entitle the
state to take other measures such as excluding or deporting individuals.
More broadly, “risk exportation”, whereby measures are taken that seek to protect a
particular state by pushing the perceived threat beyond its borders, may not contribute
171 Such concerns have for example been expressed about the debate of such provisions in the Netherlands, see
B. Boutin, “Administrative Measures against Foreign Fighters: In Search of Limits and Safeguards”, op. cit., note
155. For similar concerns relating to practices and previously contemplated proposals about citizenship deprivation in other countries, including Belgium, France and the United Kingdom, see also “Europe: Dangerously disproportionate: The ever-expanding national security state in Europe”, Amnesty International, 17 January 2017,
pp. 58-63, <www.amnesty.org/en/documents/eur01/5342/2017/en/>.
172 For example, Genovese v. Malta, ECtHR, Judgment of 11 October 2011. In an admissibility decision in a terrorism case, the ECtHR recognized that in principle deprivation of citizenship can negatively affect the right to
family and private life; see: K2 v. The United Kingdom, ECtHR, Judgment of 9 March 2017.
173 General Comment No. 27 (Article 12: Freedom of movement), CCPR, UN Doc. CCPR/C/21/Rev.1/Add.9, 2
November 1999, paras. 19-21.
174 Ibid., (CCPR). The International Law Commission (ILC) has noted that deprivation of citizenship for the
sole purpose of expulsion would be “abusive, indeed arbitrary within the meaning of article 15, paragraph 2, of
the Universal Declaration of Human Rights”. See Commentary to article 8 of the Draft Articles on the Expulsion
of Aliens, in Report to the UN General Assembly, International Law Commission, UN Doc. A/69/10, 2014, p. 32.
50
Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters”
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