Abstract
AbstractCitizenship deprivation of foreign terrorist fighters by the United Kingdom is increasing. This is of debatable legality under international law on five separate grounds. First, the UK is arguably wrong in claiming that an extraterritorial deprivation is outside the jurisdiction of the ECHR. Second, UK law may be unlawfully arbitrary and discriminatory. Third, UK law arguably contravenes the Convention on the Reduction of Statelessness 1961. Fourth, the UK may be violating its customary international legal obligation to readmit nationals. Fifth, UK practice may breach its conventional extradite or prosecute obligations. Overall, there are arguments of considerable strength that can be made in opposition to UK law and practice in the area.
Publisher
Springer Science and Business Media LLC
Subject
Law,Political Science and International Relations
Reference22 articles.
1. Adjami, M., Harrington, J.: The scope and content of article 15 of the universal declaration of human rights. Refug. Surv. Q. 27(3), 93–109 (2008)
2. Anderson, D.: Citizenship Removal Resulting in Statelessness, First Report of Independent Reviewer on the Operation of the Power to Remove Citizenship Obtained by Naturalisation from Persons who have no Other Citizenship (April 2016)
3. Arnell, P.: The case for nationality based jurisdiction. Int. Compar. Law Q. 50, 955 (2001)
4. Arnell, P.: Law Across Borders: The Extraterritorial Application of UK Law. Routledge, London (2012)
5. Bucken, L., de Groot, R.: Deprivation of nationality under article 8(3) of the 1961 convention on the reduction of statelessness. Maastricht J. Eur. Comp. Law 25(1), 38 (2018)
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