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Deprivation of citizenship due to terrorism
All information: Revocation of citizenship on charges of terrorism.
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when German citizenship can be revoked due to an accusation of terrorism
what constitutes a terrorist organization within the meaning of the German Nationality Act (StAG)
what constitutes a “concrete act of combat” within the meaning of the terrorism charge
Defense options regarding nationality in cases of terrorism charges
1. Loss of citizenship, terrorist organization
2. Definition of a terrorist organization
3. Definition of participation in specific combat operations
4. Defense options Citizenship Terrorism
5. FAQ Nationality Terrorism
6. Conclusion: Nationality and Terrorism
1. Loss of citizenship, terrorist organization
The loss of German citizenship for participating in combat operations of a terrorist organization abroad ( § 28 para. 1 no. 2 of the German Nationality Act ) was introduced in 2019 by the Third Nationality Amendment Act. According to this law, a German citizen can lose their citizenship if they actively participate in such combat operations – provided they are of legal age and hold another citizenship in addition to German citizenship. This marks the first time that not only political disloyalty (see revocation of German passport by joining foreign armed forces ) but also criminally relevant conduct can be grounds for the loss of citizenship. It is important to note that the regulation does not apply retroactively: those who participated in combat operations before August 9, 2019, cannot lose their German citizenship for this reason.
From a constitutional perspective, the provision is closely bound to the requirements of Article 16, Paragraph 1 of the Basic Law , which prohibits any arbitrary or unforeseeable deprivation of citizenship . Those affected must be able to foresee which actions could lead to the loss of their citizenship (principle of legal certainty). Significant doubts exist precisely in this regard: when a group is to be classified as a "terrorist organization" and when "concrete participation in combat operations" exists depends on opaque assessments and evaluations by security authorities. This vagueness raises questions about legal certainty and proportionality – particularly because the loss of citizenship occurs by operation of law and thus does not allow for a case-by-case assessment.
2. Definition of a terrorist organization
To have a German passport revoked, membership in a terrorist organization is required. The term "terrorist organization" is enshrined in German criminal law in Section 129a of the Criminal Code (StGB) . According to this section, an organization is considered terrorist if it aims to commit serious crimes such as murder, manslaughter, or other offenses endangering the public in order to intimidate segments of the population, coerce state authorities, or significantly damage the structures of a state or an international organization. This definition is based on the EU framework decisions on combating terrorism and is broadly defined. Therefore, groups that do not necessarily act as a classic "terrorist militia" but merely play a supporting or preparatory role can also be considered terrorist organizations under the law.
However, this broad interpretation leads to considerable uncertainty for those affected. The legislature has not created a binding list of terrorist organizations that individuals could use as a guide. Whether a group is classified as terrorist is decided on a case-by-case basis – often only retrospectively and based on assessments by security authorities. This significantly complicates the predictability of the consequences under citizenship law. Furthermore, even "concrete participation" in the combat activities of such an organization can lead to the loss of citizenship, without the need for formal membership or deeper involvement in the organization. This unclear distinction between support, participation, and actual membership poses constitutional risks with regard to the principle of legal certainty and the protection against arbitrary deprivation of citizenship.
3. Definition of participation in specific combat operations
According to Section 28 Paragraph 1 Number 2 of the German Nationality Act (StAG), the loss of citizenship only occurs if there is participation in concrete actions of a terrorist organization. "Concrete participation in combat" exists only if a person actively and directly participates in the violent conflicts of a terrorist organization. Mere expressions of sympathy, ideological support, logistical assistance, or financial contributions are insufficient to justify the loss of German citizenship. Combat, as defined by law, encompasses both armed battles with state or non-state forces and targeted terrorist acts against states, international organizations, or civilian populations. This also includes unilateral acts of violence such as attacks or executions if they serve to weaken an opponent. The decisive factor is therefore direct participation in violent acts , not merely abstract support for the goals of a terrorist organization.
However, the term "concrete participation" is broadly defined. Anyone who procures weapons or equipment, carries out transport or travel for fighters, or contributes to a military action by reconnaissance enemy positions can be considered an active participant . Mere presence in the territory controlled by a terrorist organization, on the other hand, is insufficient. The problem is that Section 28 Paragraph 1 Number 2 of the German Nationality Act (StAG) does not contain an explicit requirement of voluntariness . This means that, theoretically, even individuals acting under duress or at risk of death could be affected—for example, if they only join the fighting to avoid execution. This conflicts with Article 16 Paragraph 1 of the German Basic Law (GG), which permits the loss of citizenship only if the underlying action is based on a free and voluntary decision.
4. Legal defense options Citizenship Terrorism
In cases where German citizenship is threatened with loss due to allegations of participation in terrorist combat, there are several avenues for legal defense . First, it must be examined whether the legal requirements of Section 28 Paragraph 1 Number 2 of the German Nationality Act (StAG) are actually met – in particular, whether there is "concrete participation in combat" as defined by the provision. Even minor deviations in the facts – for example, whether the individual only provided logistical or ideological support but did not actively participate in armed conflicts – can be decisive. Furthermore, the voluntariness of the actions must be examined: someone who acted under duress or in a hopeless situation, for example, to avoid being killed, cannot be considered a participant acting with full responsibility. Legal defense must therefore aim to demonstrate a lack of voluntariness, lack of intent, or the client's merely peripheral involvement, thereby refuting the elements of the offense under Section 28 Paragraph 1 Number 2 of the German Nationality Act (StAG).
Furthermore, action can also be taken at the constitutional and EU law levels. For example, the loss of citizenship is inadmissible if it leads to statelessness. This applies whether the revocation would lead to or be issued retroactively . In every proceeding, it should be examined whether the client actually still possesses another nationality or whether the loss could lead to statelessness – a situation that would be incompatible with Article 16 Paragraph 1 of the German Basic Law. Likewise, EU law requires a case-by-case proportionality assessment , since the loss of German nationality also entails the loss of EU citizenship . Here, legal representation can argue that the authorities have not sufficiently considered the personal and family circumstances. Finally, arguments based on EU and fundamental rights – in particular those arising from the EU Charter of Fundamental Rights (Articles 7 and 24 Paragraph 2) – are suitable for challenging the legality of a revocation order and compelling subsequent judicial review.
5. FAQ Citizenship & Terrorism Allegation
When can I lose my German citizenship due to terrorism charges?
Only in very limited exceptional cases. Loss of citizenship is possible under Section 28 Paragraph 1 Number 2 of the German Nationality Act (StAG) if you are of legal age, hold multiple citizenships, and have actively participated in combat operations of a terrorist organization abroad. Mere support or sympathy is insufficient.
Does the regulation also apply retroactively?
No. Anyone who participated in such combat operations before August 9, 2019, cannot lose their citizenship for this reason.
What constitutes a "terrorist organization"?
The relevant legal basis is Section 129a of the German Criminal Code. The organization must be aimed at committing serious crimes such as murder or manslaughter in order to weaken state structures or intimidate the population. There is no official list – classification is determined on a case-by-case basis.
What does "concrete participation in combat operations" mean?
Active and direct participation in acts of violence committed by the organization is required – for example, armed battles, attacks, or targeted acts of violence. Logistical or ideological support is insufficient. However, preparatory activities (e.g., procuring weapons, reconnaissance) may also be classified as participation.
Does it matter whether I acted voluntarily?
Yes. Loss of citizenship requires voluntary, i.e., self-directed action. Those who acted under duress, threat, or in danger of death do not meet the legal definition.
6. Conclusion: Loss of citizenship on terrorism charges
The revocation of German citizenship on terrorism charges is an extremely harsh and constitutionally highly sensitive instrument. While Section 28 Paragraph 1 Number 2 of the German Nationality Act (StAG) permits the loss of citizenship for participation in combat activities of a terrorist organization, the requirements are narrow, vague, and must be examined very carefully in each individual case. Uncertainties exist, particularly regarding the classification of a group as a terrorist organization and the distinction between support and actual participation. Furthermore, the regulation only applies to voluntary actions and must never lead to statelessness. For those affected, this means that administrative decisions are frequently open to challenge. Legal review is almost always worthwhile – whether due to a lack of voluntariness, insufficient factual basis, constitutional concerns, or a violation of the principle of proportionality under EU law. In practice, considerable legal leeway exists that can enable a successful defense against the loss of citizenship.
List of Sources (Paywall)
[1] Hailbronner/Kau/Gnatzy/Weber, Nationality Law, 7th edition 2022
[2] Press summary: Terrorists can in future have their German citizenship revoked, becklink 2013523
[3] BeckOK MigR/Schöninger, 12th ed. 15.7.2022, § 28
[4] CDU: No German citizenship for IS fighters with dual passports, report by the beck-aktuell editorial team from 25.02.2019, becklink 2012332
[5] Citizenship between loyalty and terror – The loss of citizenship under Section 28 Paragraph 1 No. 2 of the German Nationality Act in light of constitutional and international law. Bonner Rechtsjournal 2020
[6] Press summary: Revocation of the naturalization of an IS supporter, becklink 2023403
[7] Düsseldorf Higher Regional Court: Islamist Syria returnee sentenced to several years in prison, report by the beck-aktuell editorial team from 01.02.2019, becklink 2012127
[8] Oberhäuser, Migration Law in Consulting Practice (Nomos)