International Counter-terrorism Regulation and Citizenship-stripping Laws—Reinforcing Legal Exceptionalism

Burchardt, Dana; Gulati, Rishi

doi:10.1093/jcsl/kry012

Cited by 5 publications

(4 citation statements)

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“…The counterterrorism measures have now begun to enter the realm of nationality. The establishment of law also prompts a question about how the state might meet the genuine security challenges from foreign terrorist fighters while making real on the commitment to human rights and the rule of law (Burchardt & Gulati, 2018). Although nationality deprivation has featured within the legislative, many governments have responded to terrorism threats; however, the purpose is not identified.…”

Section: Human Rights In Counterterrorism Measuresmentioning

confidence: 99%

The Rights to Nationality for Ex ISIS Combatants Repatriation Under International Law

Gunawan

Sienda

Anggriawan

et al. 2022

JHI

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In 2020, the Coordinating Minister for Political, Legal, and Security Affairs of Indonesia, Mahfud MD, affirmed that any Indonesian citizen affiliated with ISIS would not be repatriated. However, Article 28D of the 1945 Constitution ensures that a person’s citizenship status is guaranteed as one of the human rights, as guaranteed in Article 15 of the Universal Declaration of Human Rights. For this reason, this research used a normative legal research method using statute and case approaches through literature review. The research raises the question of how is the protection of the rights to nationality for ex-ISIS based on international law? The research aims to discuss and analyze the rights to the nationality of ex-ISIS combatants under the implementation of international law, such as Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons. The research results explain that the state’s discretion regarding nationality is particularly limited to conditions such as the prohibition of arbitrary deprivation, the duty to avoid statelessness, and the principle of discrimination, and everyone has a right to a nationality.

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Section: Human Rights In Counterterrorism Measuresmentioning

confidence: 99%

The Rights to Nationality for Ex ISIS Combatants Repatriation Under International Law

Gunawan

Sienda

Anggriawan

et al. 2022

JHI

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“…224 However, citizenship-stripping has recently reappeared in Europe in the last decade, within the context of antiterrorism measures and the issue of 'foreign fighters' wishing to return back home. 225 French colonial rule has introduced and significantly influenced Syrian legislation on de-nationalisation procedures. 226 Article 21 of the Syrian Nationality Law lists several grounds on which Syrians might be stripped off their nationality.…”

Section: Arbitrary Denationalisation In Syrian Legislationmentioning

confidence: 99%

Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness

Benslama-Dabdoub

2021

SCR

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The millions of Syrians born or living in exile as a result of the ongoing conflict has dramatically increased the number of people from Syria with no nationality. In this regard, Syrian nationality law has been criticised for containing discriminatory provisions and failing to address the risk of statelessness. Nonetheless, the responsibility of colonialism in creating such discrimination has been largely overlooked. One decade after the outbreak of the Syrian civil war, this article looks back at the colonial roots of Syrian legislation governing nationality. Through a critical legal and historical analysis, it reveals the hidden colonial legacies of Syrian citizenship, by highlighting the responsibility of European colonial powers in introducing gender-based discrimination in domestic legislation, rendering Kurds and Palestinians stateless, and creating the practice of arbitrary denationalisation. This paper ends with a call for more research on colonial legacies within citizenship and statelessness studies.

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“…See further, for instance, UNHCR (2017). 31 Burchardt and Gulati (2018), p. 13. invoke this measure. On the other hand, a mono citizen may be subject to the withdrawal of his or her British citizenship only if it was acquired by naturalisation and if two additional conditions are met: that 'it would be conducive to the public good to deprive them of their status because they have engaged in conduct "seriously prejudicial" to the UK's vital interests' and that 'the Home Secretary has reasonable grounds to believe that they could acquire another nationality'.…”

Section: Citizenship Stripping In the Counter-terrorism Contextmentioning

confidence: 99%

“…37 Bureau of Investigative Journalism (2016); Secretary of State for the Home Department (2018), p. 27. 38 'Vier Jihadisten Nederlander-Af', 13 September 2017, https ://www.bnr.nl/nieuw s/polit iek/10329 596/ vier-jihad isten -neder lande r-af; 'Rechter ontneemt veroordeelde terrorist nationaliteit', 14 June 2018, http://www.stand aard.be/cnt/dmf20 18061 4_03561 686; 'Five terrorists involved with IS have been stripped of their Australian citizenship', 9 August 2018, https ://www.sbs.com.au/news/five-terro rists -strip ped-of-austr alian -citiz enshi p. 39 Burchardt and Gulati (2018), p. 218. citizens. 40 If nationality deprivation only applies to dual nationals, this is likely to lead to indirect discrimination against this group.…”

Section: Citizenship Stripping In the Counter-terrorism Contextmentioning

confidence: 99%

All Citizens are Created Equal, but Some are More Equal Than Others

Waas

Jaghai

2018

Neth Int Law Rev

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Nationality is the legal bond between a person and a state that connotes full and equal membership of the political community. Yet, in the practice of states, not everyone who is admitted as a national enjoys the full package of rights attached, nor the same security of status. The phenomenon of inequality among citizens is particularly apparent when examining the question of how protected the legal bond itself is: citizenship by birth is more secure than citizenship acquired otherwisesuch as by naturalisation-and mono citizens are less prone to withdrawal of nationality than persons with dual or multiple nationality. As nationality revocation gains new attention from states as a tool to counter terrorism, prompting much political, public and academic debate, the reality that this measure often applies only to particular subgroups of citizens demands closer scrutiny. This article explores how law and practice on citizenship deprivation is to be evaluated against contemporary standards of international law. While states justify unequal application of citizenship deprivation measures by invoking the duty to avoid statelessness, this article shows that the application of other international standards such as non-discrimination and the prohibition of arbitrary deprivation of nationality calls into question the legitimacy of citizenship stripping as a security instrument. Finally, the article reflects on the broader implications of the current trend towards greater inequality of citizenship status as a reaction to the perceived threat that terrorism poses to the integrity of the state, discussing how the creation of different classes of citizen is in fact likely to have a deeper and more lasting impact on the foundations of liberal democracies.

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International Counter-terrorism Regulation and Citizenship-stripping Laws—Reinforcing Legal Exceptionalism

Cited by 5 publications

References 0 publications

The Rights to Nationality for Ex ISIS Combatants Repatriation Under International Law

The Rights to Nationality for Ex ISIS Combatants Repatriation Under International Law

Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness

All Citizens are Created Equal, but Some are More Equal Than Others

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