Deprivation of Citizenship for 'Jihadists' Analysis of Belgian and French Practice and Policy in Light of the Principle of Equal Treatment

21 Pages Posted: 11 Jan 2016

Date Written: January 11, 2016

Abstract

In the fight against terrorism States have resorted to a variety of weapons. Much attention has been devoted to criminal law as a possible answer to terrorism. Many States have also resorted to nationality law, using deprivation as a means to punish those involved in terrorism. This paper examines the law on deprivation for terrorism in Belgium and France. These two countries present striking similarities. Both in France and Belgium the provisions on deprivation already made it possible to deprive a national of his citizenship in terrorist cases. Nevertheless, the legislation in these countries has been recently modified to offer yet a stronger answer to terrorism. The public debate in the two countries is modeled on similar lines. This is in particular true for the issue of equality arising in connection of deprivation of nationality. The paper will first offer an overview of the existing statutory provisions in the two countries (II), before critically reviewing the discussion on equality and non-discrimination (III).

Keywords: Nationality, citizenship, deprivation, terrorism, equality, non-discrimination, Article 14 ECHR, statelessness, 1961 Convention, European Convention on Nationality

JEL Classification: K14, K33, K40

Suggested Citation

Wautelet, Patrick R., Deprivation of Citizenship for 'Jihadists' Analysis of Belgian and French Practice and Policy in Light of the Principle of Equal Treatment (January 11, 2016). Available at SSRN: https://ssrn.com/abstract=2713742 or http://dx.doi.org/10.2139/ssrn.2713742

Patrick R. Wautelet (Contact Author)

University of Liege ( email )

B-4000 Liege
Belgium

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