THE NOTTEBOHM CASE

[6 April 1955]
ICJ

Doctrine/subject: (while nationality conferred on a party is normally only the concern of that nation, such
nationality may be disregarded by other states where it is clear that it was a mere device/subterfuge.)

FACTS:

In 1939 Nottebohm, a German citizen, applied for naturalization in Liechtenstein (emphasis). He was
living in Guatemala for 34 years before applying for naturalization however retaining his German citizenship.
A month after the start of World War II, he applied for naturalization in Liechtenstein. Liechtenstein later on
approved his application for naturalization waiving its 3 year residency requirement. He then returned to
Guatemala on his Liechtenstein passport and informed the local government of his change of nationality.
When he tried to return to Guatemala once again in 1943 he was refused entry as an enemy alien since the
Guatemalan authorities did not recognize his naturalization and regarded him as still German. It has been
suggested that the timing of the event was due to the recent entry of the United States and Guatemala into
the Second World War.

He was later extradited to the United States, where he was held at an internment camp until the end
of the war. All his possessions in Guatemala were confiscated. After his release, he lived out the rest of his
life in Liechtenstein.

On the 17th December 1951 Liechtenstein filed an Application against Guatemala, it claimed
damages in respect of various measures which Guatemala had taken against the person and property of
Mr. Nottebohm. Firstly, Guatemala contended that the court is without jurisdiction. The Court decided to
reject the preliminary objection to its jurisdiction. Liechtenstein claimed restitution and compensation on
the ground that the Government of Guatemala had acted towards Mr. Nottebohm, a citizen of
Liechtenstein, in a manner contrary to international law. Guatemala contended that the claim waas
inadmissible, for example of nationality of Mr. Nottebohm.

ISSUE:
Whether or not a Liechtenstein can exercise diplomatic protection in favor of Nottebohm against Guatemala.
Whether or not Guatemala is required to recognize automatically the naturalization given by Liechtenstein to
Nottebohm.

RULING:

1. NO. (the court used/upheld the NOTTEBOHM DOCTRINE or the doctrine of effective
nationality) wherein the national (nottebohm) must prove a meaningful connection to the state in
question.
Nottebohm always retained his family and business connections with Germany and that
there is nothing to indicate that his application for naturalization in Liechtenstein was motivated by
any desire to dissociate himself from the Government of his country.-Also, Nottebohm had been settled
for 34 years in Guatemala, which was the center of h is interests and his business activities. He
stayed there until his removal as a result of war measures in 1943 (remember that he became a citizen of
Liechtenstein in 1979), and complains of Guatemala's refusal to readmit him. Members of Nottebohm's
family had, moreover, asserted his desire to spend his old age in Guatemala.-There is thus the absence
of any bond of attachment with Liechtenstein, but there i s a long-standing and close connection
between him and Guatemala, a link which his naturalization in no way weakened.
2. NO. (Liechtenstein can grant naturalization but international law does not require
Guatemala to recognize this naturalization.)
Nationality is within the domestic jurisdiction of the State, which settles, by its own legislation, the
rules relating to the acquisition of its nationality. But the issue which the Court must decide is not one which
pertains to the legal system of Liechtenstein; to exercise protection is to place oneself on the plane of
international law. International practice provides many examples of acts performed by States in the exercise
of their domestic jurisdiction which do not necessarily or automatically have international effect.