International law against the possibility of citizenship deprivation for terrorist activity Cover Image

Prawo międzynarodowe wobec możliwości pozbawienia obywatelstwa za działalność terrorystyczną
International law against the possibility of citizenship deprivation for terrorist activity

Author(s): Marcin Pączek
Subject(s): Politics, International Law
Published by: Kancelaria Sejmu
Keywords: deprivation of citizenship; foreign terrorist fighters; international law; arbitrariness; statelessness;

Summary/Abstract: Until recently, the question of citizenship deprivation for national security reasons had not attracted much attention among policymakers and international scholars. Things changed after some states had enacted or amended their laws so as to permit denationalization of their citizens engaged in terrorist activities at home or — which is more often the case — abroad. In most countries this shift was a response to the problem of “foreign terrorist fighters”, namely terrorist fighters who first leave their home country to join terrorist organizations abroad and then return. This article examines in detail the question of whether or not it is possible under international law to deprive a person of his/her citizenship because of involvement in terrorist activities. While answering this question affirmatively, the author wonders how far states can go in the exercise of citizenship deprivation powers and to what extent relevant norms and principles of international law limit state powers in this regard.

  • Issue Year: 2019
  • Issue No: 6
  • Page Range: 81-98
  • Page Count: 18
  • Language: Polish