ملخص الجهاز:
"Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war – as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights – an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept this.
The article will examine the formal limits placed on war as an instrument that could affect citizenship; then it will examine the evidence for war’s continued effect (through means such as differentiation between citizens and alien residents, expulsion of aliens, assimilation of refugee flows, and border changes); then it will advance an argument about how the factual effects of war interact with legal doctrine (such as through selective definition and interpretation of wars, perfection of wartime changes in peace treaties, and novel demographic changes introduced by peace treaties).
Very little, we might suppose: The normative restrictions on war’s scope to affect citizen-state relationships are numerous, far-reaching, and powerful: most prominently, the prohibitions of aggressive war, annexation of territory, and settlement of one’s own population’s in occupied territory, coupled with human rights law, make it nearly impossible, in normative terms, unilaterally to effect changes in citizenship through war.
This paper considers, principally, the interaction of war-making with international legal norms concerning displaced populations, and the accommodation in peace plans of demographic changes wrought by war; in addition, it draws on the rules and practice governing transfer of populated territory between sovereigns and the incentives the laws of war create for individuals’ identification with the state."