Citizenship Deprivation, Security and Human Rights

in European Journal of Migration and Law
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In response to the rise of is and the growing problem of foreign fighters, deprivation of citizenship of persons deemed to threaten the interests of the state has been revived as a key tool for security and counterterrorism. Yet, citizenship deprivation raises profound issues for human rights. In the uk, the Immigration Act 2014 includes a power to deprive naturalized British citizens of their citizenship on security grounds, even if doing so would render individuals stateless. The uk government has argued that deprivation would satisfy the requirements of necessity and proportionality under Article 8(2) echr, provided it could be shown to be necessary in a democratic society in the interests of national security, public safety or the economic well-being of the uk. Yet the risks are not only to private and family life. Citizenship deprivation may also involve other rights (not least Articles 2 and 3) where the consequence of deprivation is that individuals suffer loss of life, torture, inhuman or degrading treatment or punishment. This article explores the genesis of citizenship deprivation resulting in statelessness and offers a strong critique on grounds of legality and rights. It also raises serious questions about its efficacy as a security strategy.

Citizenship Deprivation, Security and Human Rights

in European Journal of Migration and Law

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References

2

P. Cockburn (2015) The Rise of Islamic State: Isis and the New Sunni Revolution New York ny: Verso.

12

K.F. Aas and M. Bosworth (eds) (2013) The Borders of Punishment: Criminal justice citizenship and social exclusion Oxford: Oxford University Press Chapters 1 and 5.

13

Council of the European Union (2014) Revised EU Strategy for Combating Radicalisation and Recruitment to Terrorism Brussels: Council of the European Union available online at data.consilium.europa.eu/doc/document/ST-9956–2014-INIT/en/pdf.

15

A. Aliverti (2013) Crimes of Mobility: Criminal Law and the Regulation of Immigration Abingdon: Routledge; L. Zedner ‘Terrorizing Criminal Law’ 8 Criminal Law and Philosophy (2014) 99–121. On the uk’s counter-extremism strategy see. https://www.gov.uk/government/publications/counter-extremism-strategy.

25

Justice (2009) Secret Evidence London: Justice; A. Kavanagh ‘Special Advocates Control Orders and the Right to a Fair Trial’ 63 Modern Law Review (2010) 836–857. The minimum requirements of disclosure are set out in Secretary of State for the Home Department v AF and others [2009] ukhl 28.

27

Home Office (2014) Counterterrorism and Security Bill—Temporary Passport Seizure. Impact Assessment London (18 November 2014) p. 8 available online at http://www.parliament.uk/documents/impact-assessments/IA14–22F.pdf.

30

Center for Security Studies (2014) Foreign Fighters: An Overview of Responses in Eleven Countries Zurich: eth available online at http://www.css.ethz.ch/publications/DetailansichtPubDB_EN?rec_id=2998.

31

R. Bauböck and S. Paskalev (2015) Citizenship Deprivation: A Normative Analysisceps Paper in Liberty and Security in Europe 82 pp. 1–37 available online at http://www.ceps.eu/publications/citizenship-deprivation-normative-analysis.

35

M.J. Gibney (2013) ‘Deportation Crime and the Changing Character of Membership in the UK’ in: K.F. Aas and M. Bosworth (eds.) The Borders of Punishment Oxford: Oxford University Press Chapter 12.

49

Liberty (2014) Liberty’s Second Reading Briefing on Clause 60 of the Immigration Bill in the House of Lords London: Liberty.

51

M.J. Gibney (2014) ‘Beware states piercing holes into citizenship’ Florence: eudo Observatory on Citizenship pp. 11–16 available online at http://eudo-citizenship.eu/commentaries/citizenship-forum/1268-the-return-of-banishment-do-the-new-denationalisation-policies-weaken-citizenship.

56

H. Stauffer (2014) ‘Steps toward Statelessness’ LSE Human Rights Blog available online at http://blogs.lse.ac.uk/humanrights/2014/08/01/steps-towards-statelessness/.

60

H.J. Hooper (2015) The Counter Terrorism and Security Bill: A Potential Further Erosion of Citizenship Rights in the United Kingdom Stockholm: Constitutionnet available online at http://www.constitutionnet.org/news/counter-terrorism-and-security-bill-potential-further-erosion-citizenship-rights-united-kingdom.

71

G.S. Goodwin-Gill (2014) Deprivation of Citizenship Statelessness and International Law: More Authority (if it were needed . . .) at p. 1 available online at https://s3.amazonaws.com/s3.documentcloud.org/documents/1154592/gsgg-deprivationcitizenship-moreauthority.pdf.

72

G.S. Goodwin-Gill (2014) Deprivation of Citizenship resulting in Statelessness and its Implications in International Law Opinion at pp. 11–12 available online at https://assets.documentcloud.org/documents/1086878/guy-s-goodwin-gill-legal-opinion-on-deprivation.pdf.

75

Home Office (2014) Immigration Bill—European Convention on Human Rights Supplementary Memorandum London available online at https://www.gov.uk/government/. . ./Deprivation_ECHR_memo.pdf.

76

Ibid. p. 3.

77

Ibid. p. 4. Although it did acknowledge that where the individual’s family remained in the uk citizenship deprivation could have an impact on the Article 8 rights of the family.

79

Joint Committee on Human Rights (2014) Legislative Scrutiny: Immigration Bill (second report)hl paper 142/hc paper 1120 available online at http://www.parliament.uk/business/committees/committees-a-z/joint-select/human-rights-committee/news/report-on-immigration-bill/ p.4.

80

Ibid. p. 16.

81

Liberty (2014) Liberty’s Second Reading Briefing on Clause 60 of the Immigration Bill in the House of Lords London: Liberty.

84

L. Lazarus (2007) ‘Mapping the Right to Security’ in: B. Goold and L. Lazarus (eds) Security and Human Rights Oxford: Hart Publishing pp. 325–346.

85

Macklin‘Borderline Security’op. cit. (note 19) p. 389.

86

L. Jarvis and M. Lister (2015) Anti-Terrorism Citizenship and Security Manchester: Manchester University Press Chapter 2. ‘Citizenship and Security’; S. Lavi ‘Citizenship Revocation as Punishment: On the modern duties of citizens and their criminal breach’ 61 University of Toronto Law Journal (2011) 783–810.

88

R. Bauböck and S. Paskalev (2015) Citizenship Deprivation: A Normative Analysisceps Paper in Liberty and Security in Europe 82 Brussels: ceps pp. 1–37 at 16 available online at http://www.ceps.eu/publications/citizenship-deprivation-normative-analysis.

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