12 March 2013

Deprivation of nationality – a rare form of complicity?

There is a wide diversity of actions by which states can aid or assist other states in the commission of an internationally wrongful act. Well known examples, listed in the Commentary to the ILC Articles on Responsibility of States for Internationally Wrongful Acts, include providing arms, funding or training, or other material support to foreign states that use such recourses in the commission of a wrong. The Independent reports a policy that hitherto has not been widely documented; stripping people of their nationality. Also Lawfare has blogged on the policy.

The reported facts suggest that since 2010, the United Kingdom (UK) Home Secretary has revoked the passports of 16 individuals, many of whom were alleged of having links to terrorist or militant groups. The legal basis for this was a 2002 law, enabling the Home Secretary to remove the citizenship of any dual nationals, if doing so would be in the public interest. The Bureau of Investigative Journalism has been able to establish that some of these people were subsequently killed by American drone attacks. (more…)