The Netherlands – Dutch Immigration and Naturalisation Service: Citizenship Stripping as a Counter-Terrorism Measure (2018)

Case: Dutch Immigration and Naturalisation Service

The case was brought before the Dutch Immigration and Naturalisation Service (IND) and pertains to the Netherlands’ counter-terrorism measures, specifically the revocation of Dutch citizenship from dual nationals convicted of terrorism-related offenses. This policy is based on Article 14 of the Dutch Nationality Act and applies exclusively to individuals holding dual nationality, effectively creating a distinction between mono-national and dual-national Dutch citizens. The case was presented in the context of assessing whether this policy violates fundamental principles of equality and non-discrimination under international human rights law.

Special Rapporteur Achiume submitted an amicus curiae brief to address the racialized impacts of these citizenship-stripping measures. The brief argues that the policy disproportionately targets individuals from minority ethnic and national backgrounds, as dual nationals in the Netherlands are often members of racialized communities. This differential treatment, according to the brief, perpetuates racial and ethnic discrimination, contravening the Netherlands’ obligations under international treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the International Covenant on Civil and Political Rights (ICCPR). The brief emphasizes that the policy not only creates unequal citizenship statuses but also contributes to systemic discrimination by allowing counter-terrorism objectives to disproportionately impact racialized groups. It highlights that international law prohibits distinctions in citizenship policies that result in discriminatory effects, whether intentional or not. The intervention calls on the Netherlands to repeal or amend its laws to ensure equal treatment for all citizens, regardless of their mono or dual nationality, and to fulfill its commitments to international human rights standards.