Deprivation of citizenship has become a widespread measure of combatting terrorism in Western Europe. Its extensive use raises the question of the level of necessary guarantees and safeguards, and the answer is contingent on whether deprivation of citizenship can be considered punishment within the meaning of the European Convention on Human Rights (ECHR). The author analyses the leading case of Ghoumid and Others v. France, which stated that deprivation of citizenship was not punishment. This judgement is criticised from the standpoint of the internal perspective of ECHR (previous case law, especially concerning the Engel criteria, ECHR interpretation techniques) and theoretical analysis of the concept of punishment. The author concludes that deprivation of citizenship is indeed punishment, and therefore the guarantees of Articles 6 and 7 ECHR, as well as Articles 2 and 4 of Protocol no 7 to ECHR, must be applied to such measures. As there might be doubts as to whether these standards are complied with by countries of the Council of Europe, the author proposes that such a measure be imposed by a criminal court in the same proceeding as criminal punishment for an act of terrorism.

Emil Śliwiński, Deprivation of citizenship for terrorism as a punishment in light of the European Convention of Human Rights, New Journal of European Criminal Law, 2025.