Nationality and Statelessness

THE NOTTEBOHM CASE (LIECHTENSTEIN v. GUATEMALA)

ICJ, April 6, 1955
FACTS
Nottebohm was born at Hamburg on September 16th, 1881. He was German by birth, and
still possessed German nationality when, in October 1939, he applied for naturalization in
Liechtenstein. In 1905 he went to Guatemala. He took up residence there and made that country
the headquarters of his business activities, which increased and prospered; these activities
developed in the field of commerce, banking and plantations. After the outbreak of World War II,
Nottebohm applied for Naturalization with Liechtenstein. His naturalization was granted, with
the relaxation of the laws of Liechtenstein. Upon his return to Guatemala, his Liechtenstein
citizenship was refused to be recognized and he was refused entry into the country because he
was still recognized as a German citizen. Liechtenstein seeks to compel Guatemala to recognized
Nottebohms citizenship.
ISSUE
Whether or not Guatemala may be compelled to recognize Nottebhoms citizenship
HELD
Naturalization is a matter that is purely domestic. The State that grants a person
naturalization is within the sole discretion of the state granting the same. A state is not compelled
to recognize the citizenship of a person if the facts surrounding the naturalization does not
support his citizenship. In this case the naturalization of Nottebohm by Liechtenstein was sought
by the former as a form of protection from the effects of World War II. Guatemala relies on the
fact that Nottebohm remained to be a German National throughout his 34 year stay at Guatemala
and only sought for naturalization with Liechtenstein after the outbreak of World War II as a
mode of subterfuge. In the absence of any evidence that Guatemala has recognized Nottebhoms
citizenship as a national of Liechtenstein, Guatemala may not be compelled to recognize the
same now.