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All Journal Jurnal HAM Lampung Journal of International Law (LaJIL)
Simanjuntak, Calvin Paulus Marcelito
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Law, Crime, Criminology & Criminal Justice

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Actio Popularis in International Accountability: A Case Research of the UAE Simanjuntak, Calvin Paulus Marcelito
Lampung Journal of International Law Vol. 7 No. 1 (2025): Issue In progress (January 2025)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v7i1.3965

Abstract

Nationality deprivation has become a tool of political repression, undermining fundamental human rights and rendering individuals stateless. In the United Arab Emirates, the government increasingly uses nationality deprivation to silence political dissidents, raising concerns about compliance with international legal standards. This research examines the UAE’s nationality deprivation policies in light of international human rights law and explores the potential of actio popularis as a legal mechanism for holding states accountable. Using a normative legal analysis, the paper evaluates the UAE’s practices against key international treaties, including the Arab Charter on Human Rights and the 1961 Convention on the Reduction of Statelessness. It also assesses the relevance of actio popularis, erga omnes, and erga omnes partes principles in enabling states to challenge human rights violations affecting collective international interests. Drawing on recent case law, such as The Gambia v. Myanmar, this research explores how states may invoke these doctrines before international courts. The findings indicate that the UAE’s nationality deprivation practices violate key principles of proportionality and non-arbitrariness under international law, contributing to statelessness and severe human rights abuses. This research underscores the evolving role of actio popularis in international accountability and advocates for its broader application in nationality deprivation cases. Strengthening international safeguards against arbitrary nationality deprivation is essential for ensuring legal protection and preventing the misuse of citizenship laws as a tool of repression.
Legitimasi Pencabutan Kewarganegaraan dalam Hukum Hak Asasi Manusia Internasional: Studi Kasus di Nikaragua Simanjuntak, Calvin Paulus Marcelito; Christianti, Diajeng Wulan
Jurnal HAM Vol 16, No 2 (2025): August Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.111-134

Abstract

The right to nationality is a fundamental prerequisite for accessing other human rights, yet its arbitrary deprivation remains a critical concern under international law. This study examines Nicaragua’s Laws No. 1055 and 1145, which authorize the revocation of citizenship based on an expanded and ambiguous definition of "treason," encompassing peaceful political acts such as supporting international sanctions. This case demonstrates how nationality, often described as the "right to have rights," is weaponized for political purposes, revealing how the misuse of citizenship laws threatens the integrity of international human rights protections against statelessness. Specifically, the study investigates whether this definition justifies nationality deprivation under the standards of the 1961 Statelessness Convention and whether such measures violate the right to freedom of expression, as protected by Article 19 of the ICCPR. Utilizing a normative juridical approach, the research analyzes international legal instruments alongside Nicaraguan domestic law and incorporates secondary data from organizations such as UNHCR. The findings reveal that Nicaragua’s practices fail to satisfy the criteria of legality, necessity, and proportionality under international human rights law and instead constitute a form of political repression. Such measures not only undermine the purpose of the 1961 Statelessness Convention but also exemplify how nationality laws can be distorted to silence dissent. Therefore, this study underscores the urgent need for stronger international safeguards against arbitrary deprivation of nationality.
Co-Authors Diajeng Wulan Christianti, Diajeng Wulan