Statelessness Arising out of Arbitrary Deprivation of Nationality and Persecution: An Irrefutable Link

Abstract

Rendering a person stateless can have devastating and long-lasting consequences, restricting an individual’s ability to participate in society and severely curtailing their political, civil, economic, or social rights. This article delves into the relationship between the act of rendering a whole population stateless based on factors such as religion, ethnicity, or identity, and the commission of crimes against humanity such as torture, enslavement, and extermination. It is argued that the deliberate and unjust denial of nationality to a large group of people constitutes a crime against humanity of persecution and violates international law. The connection between making a population stateless and the perpetration of crimes against humanity has frequently gone unnoticed. The paper begins with an examination of the nature of statelessness, before moving on to a discussion on how the statelessness arising out of arbitrary deprivation of nationality invariably leads to crimes against humanity. The paper concludes with a suggestion to amend the definition of the crime against humanity of persecution under the Rome Statute to act as a deterrent for future violations.

Key words: Legal regime of statelessness, nationality, arbitrary deprivation, persecution