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The legality of the citizenship deprivation of UK foreign terrorist fighters.

Arnell, Paul

Authors

Paul Arnell



Abstract

Citizenship 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.

Citation

ARNELL, P. 2020. The legality of the citizenship deprivation of UK foreign terrorist fighters. ERA-forum [online], 21(3), pages 395-412. Available from: https://doi.org/10.1007/s12027-020-00615-9

Journal Article Type Article
Acceptance Date Jun 11, 2020
Online Publication Date Jun 25, 2020
Publication Date Dec 31, 2020
Deposit Date Jun 11, 2020
Publicly Available Date Jun 11, 2020
Journal ERA-forum
Print ISSN 1612-3093
Electronic ISSN 1863-9038
Publisher Springer Verlag
Peer Reviewed Peer Reviewed
Volume 21
Issue 3
Pages 395-412
DOI https://doi.org/10.1007/s12027-020-00615-9
Keywords Citizenship deprivation; Human rights; International law; Statelessness
Public URL https://rgu-repository.worktribe.com/output/929923

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