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

Arnell, Paul

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
• 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