RE: Let us come home
September 5, 2014 at 11:53 am
(This post was last modified: September 5, 2014 at 11:57 am by Fidel_Castronaut.)
(September 4, 2014 at 7:11 pm)lifesagift Wrote:(September 4, 2014 at 7:08 pm)Beccs Wrote: If true, tough shit.
I've been reading articles where European nations have been arresting people who want to go and fight for the animals of ISIS. I say let them go and then revoke their citizenship.
Odds are the stupid pricks will be killed and, if they're not, let them rot in the shithole they murdered for.
Yep all the common sense agrees with you, but the law doesn't. You can't take a passport off of someone and leave them homeless...
Actually you can take a passport off of someone. For the world cup known and prosecuted football hooligans had their passports and travel rights restricted effectively banning them leaving the country.
The UN convention on the reduction of statelessness (http://en.wikipedia.org/wiki/Convention_...telessness) does allow for passports and citizenship to be revoked if the individuals in questions are deemed to be a threat to the state's security. It's a debatable point as the convention is entirely subjective: http://www.refworld.org/pdfid/4bbf387d2.pdf
Quote:However, the Office(Direct quote, formatting needed).
has never clearly defined what de facto statelessness is, nor what the legal and operational
responses to de facto statelessness should be. In this respect, it should be noted that whereas
an international treaty regime has been developed for addressing problems of de jure
statelessness – including most notably the 1954 and 1961 Statelessness Conventions – there
is no such legally binding regime at the global level for de facto stateless persons who are not
refugees.5
There's room for interpretation, but there is certainly a possibility that their passports and their citizenship can be revoked. These fighters, as above, would be labelled as de facto stateless which, if the above interpretation is taken as given, would mean there is scope within the convention to make them as such. Paradoxically perhaps, that could almost in turn legitimise the "IS" as presumably the guys who have out there to fight would identify with the IS as their new 'nation state' (if that were possible). Whilst obviously IS is not recognised as anything other than a terrorist organisation, it doesn't stop them identifying it as a legitimate state. Of course, legitimacy is an act in crowd approval so, go figure where that would leave the legal position.
(September 4, 2014 at 7:23 pm)lifesagift Wrote: No, you can't legally make someone without a state as their home, even if they kill babies for fun....!
As above, technically you can.
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