Home > 1.1.1.2 Nationality > Report on the Compliance with Council of Europe and other International Standards of the Inclusion of a not Internationally Recognised Territory into a Nationwide Constituency for Parliamentary Elections
 
 
 
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Paragraph 27
 

The inhabitants of an annexed territory do not automatically, for the purposes of international law, obtain the nationality of the annexing and occupying state even if they are given this nationality. It may be the case that residents decide to acquire the nationality of the occupier or decide not to opt out of an ex lege conferral of nationality by the annexing and occupying state, and such individual decisions are accepted by international law. But when an aggressor imposes its nationality to the inhabitants of the territory, they remain nationals of the other state in the eyes of international law. It is only on humanitarian grounds that for travel and visa purposes that the imposed nationality will be tolerated. It should be emphasized that in accordance with Art. 45 of the 1907 Regulations Respecting the Laws and Customs of War on Land , “it is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile power”, while under Art. 51 of the 1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War “an occupying power may not compel protected persons to serve in its armed or auxiliary forces”. These provisions clearly include the prohibition to impose nationality of an occupying power on nationals of the state whose territory has been occupied; they also guarantee the continuity of nationality of the latter State. Therefore, it is only on humanitarian grounds that for travel and visa purposes that the imposed nationality will be tolerated.