PIL 2 (Nottebohm Case Presentation) Group 1

Liechtenstein v.
Guatemala 1955 ICJ 4
 Presentation by:
ANISH V
ARYA ANUSHREE
ADITYA N
DAYITHA T K
NATIONALITY
&
MODES OF ACQUIRING
NATIONALITY
Is the most frequent
and sometimes only link
between an
individual and a state, ensuring
that effect to be given to that
individual rights and obligations
at international law.
The meaning of the Nationality can be deduced from one of the best passages in the
judgement of the British- Mexican Claims in Re Lynch:
“ A man’s nationality forms a continuing state of things and not a physical fact which
occurs at a particular moment. A man’s nationality is a continuing legal relationship
between the sovereign state on the hand and the citizen on the other. The fundamental
basis of a man’s nationality is his membership of an independent political community.”
❖ Acquisition of Nationality:
➔ Nationality by Birth :This is usually referred to as Jus Soli. It is a

Latin term, its literal translation is “right of soil”.The states which follow
the principle of jus soli, allow the individual to acquire the citizenship of
that particular state on the virtue of being born on the state’s territory.
➔ By descendant from States National: Jus Sanguinis, a Latin term

meaning "Right of Blood," ensures citizenship based on birth, ensuring
parents' legally settled citizenship passes to the child, ensuring the child's
right to citizenship.Countries that apply this approach grant citizenship
based on birth to individuals whose parents are legitimately settled
citizens of the relevant country.
➔ By marriage: Generally a wife assumes her husband’s nationality.
➔ By naturalisation: The procedure by which a foreign citizen can obtain the

nationality or citizenship of any country. To be qualified for the same, the one
requesting it must normally meet certain standards and follow particular
regulations.Naturalisation regulations and protocols differ from country to
country.
➔ By Adoption: Intercountry or transnational adoption is another term for this.

This is essentially similar to any conventional adoption procedure, except that it
takes place on a global scale. An individual or a couple can be considered legal
parents of a kid born in another country under this provision.
➔ By Cessation: The inhabitants of a ceded territory may assume the nationality of

the conquering state, or of the state to which the territory is ceded.
Importance of Nationality in
International Law
• The protection of rights of diplomatic agents is the consequence of nationality.
• If a State does not prevent offences of its nationals or allows them to commit such
harmful acts as might affect other States, then that State shall be responsible for the
acts committed by such a person.
• Ordinarily, States do not refuse to take the persons of their nationality. By
nationality, we may mean loyalty towards a particular State.
• Nationality may also mean that the national of a State may be compelled to do
military service for the State.
• Yet another effect of nationality is that the State may refuse to extradite its own
nationals.
• According to the practice of large number of States during war, enemy character is
determined on the basis of nationality.
• States frequently exercise jurisdiction over criminal and other matters over the
persons of their nationality.
NOTTEBHOM CASE ANALYSIS
Liechtenstein v. Guatemala
1955 I.C.J 4 (1955)
CASE FACTS
● Friedrich Nottebohm, a German by birth, lived in Guatemala for 34 years and retained
the German citizenship, family and business.
● He applied for being a naturalized Liechtenstein citizen after WWII. He requested for
waiver of 3 year residency requirement and paid fees and taxes.
● His application was approved in Liechtenstein which meant that he has to relinquish
German citizenship. Nottebohm informed Guatemala that he had relinquished the
citizenship.
● After the WWII, US declared all German citizens as alien enemy. But Guatemala
arrested Nottebohm as a German citizen and acquitted him after 2 years. They did not
accept him as a citizen again.
● Nottebohm sued Guatemala before the ICJ as Guatemala had wrongfully refused to
recognize its grant of citizenship.
ISSUES BEFORE THE COURT
1. Did Friedrich Nottebohm have a genuine link to Liechtenstein, and was
Liechtenstein justified in recognizing him as a Liechtenstein national?
1. Did Nottebohm's acquisition of Liechtenstein nationality constitute an

abuse of nationality, particularly if it was acquired for the purpose of
evading the consequences of his actions during World War II?
CONTENTION OF LIECHTENSTIEN
● Liechtenstein contended that Mr. Friedrich Nottebohm, a German national who had
resided in Guatemala for many years, had become a naturalized citizen of
Liechtenstein and had acquired Liechtenstein nationality.
● Liechtenstein argued that it had granted Nottebohm citizenship in accordance with its
laws and regulations, making him a legitimate Liechtenstein national.
● Liechtenstein contended that Guatemala's refusal to recognize Nottebohm's Liechtenstein
nationality and its subsequent detention and deportation of him violated international
law, particularly the principle of diplomatic protection.
● Liechtenstein argued that Guatemala's actions amounted to a breach of Nottebohm's
rights as a Liechtenstein national and thus constituted an international dispute.
CONTENTION OF GUATEMALA
● Guatemala disputed the legitimacy of Nottebohm's Liechtenstein citizenship. It argued
that Nottebohm's naturalization in Liechtenstein was a mere sham and that he continued
to maintain close ties with Germany.
● Guatemala asserted that Nottebohm's primary allegiance remained with Germany, and
his acquisition of Liechtenstein nationality was solely for the purpose of evading
Guatemalan taxes and other legal obligations.
● Guatemala maintained that it was within its rights to challenge the legitimacy of
Nottebohm's Liechtenstein nationality.
● Guatemala argued that it had valid reasons to consider Nottebohm's naturalization in
Liechtenstein as fraudulent and that it had the right to protect its own national
interests.
SIGNIFICANCE OF THE JUDGMENT
● The Court ruled that determining citizens and criteria for becoming one
in municipal law requires international scrutiny.
● The Nottebohm principle, which requires a meaningful connection to the

state, was upheld.
● Nottebohm’s naturalization as a citizen of Liechtenstein was not based on

genuine links but on replacing his status as a belligerent state with that
of a neutral state during war.
● Liechtenstein was not entitled to extend its protection to Nottebohm,

and its claim against Guatemala must be inadmissible.
CRITICISM OF THE JUDGMENT
1.Insufficient consideration of Liechtenstein's 6.Inadequate attention to human rights
interests. implications.
2.Emphasis on Guatemala's interests over 7. Overly formalistic approach.

Liechtenstein's.
8.Concerns about inconsistency in ICJ
3.Risk of discouraging nationality seekers in decisions on nationality.
small states.
9.Questioning timing and motivation of
4.Limited relevance for contemporary nationality acquisition.
nationality disputes.
10.Worries about impacts on individual
5. Lack of clarity on dual nationality. rights.
Team Members
1. Aakarshna C G
2. Aditya N
3. Aishwarya V
4. Anish V
5. Apoorva Sri A R
6. Arjun V
7. Arya Anushree
8. Dayitha T K
9. Dhanuja A
10. Santhiya P
THANK YOU

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Liechtenstein v.

Guatemala 1955 ICJ 4

➔ Nationality by Birth :This is usually referred to as Jus Soli. It is a

➔ By descendant from States National: Jus Sanguinis, a Latin term

➔ By naturalisation: The procedure by which a foreign citizen can obtain the

➔ By Adoption: Intercountry or transnational adoption is another term for this.

➔ By Cessation: The inhabitants of a ceded territory may assume the nationality of

1. Did Nottebohm's acquisition of Liechtenstein nationality constitute an

● The Nottebohm principle, which requires a meaningful connection to the

● Nottebohm’s naturalization as a citizen of Liechtenstein was not based on

● Liechtenstein was not entitled to extend its protection to Nottebohm,

2.Emphasis on Guatemala's interests over 7. Overly formalistic approach.

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