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Nottebohm Case (Liechtenstein v. Guatemala) ICJ Rep 4 (1955)

Nottebohm, a German citizen living in Guatemala for 34 years, obtained citizenship in Liechtenstein shortly after World War II began. When he returned to Guatemala, his citizenship was not recognized and he was denied entry as a German citizen. Liechtenstein filed a suit to compel Guatemala to recognize Nottebohm's citizenship. The ICJ ruled that while nationality issues are generally a matter for the granting state, other states do not have to accept the designation if there is no genuine link between the individual and the state that granted citizenship. Since Nottebohm had no real connection to Liechtenstein, Guatemala was not obligated to recognize his changed citizenship.

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93 views1 page

Nottebohm Case (Liechtenstein v. Guatemala) ICJ Rep 4 (1955)

Nottebohm, a German citizen living in Guatemala for 34 years, obtained citizenship in Liechtenstein shortly after World War II began. When he returned to Guatemala, his citizenship was not recognized and he was denied entry as a German citizen. Liechtenstein filed a suit to compel Guatemala to recognize Nottebohm's citizenship. The ICJ ruled that while nationality issues are generally a matter for the granting state, other states do not have to accept the designation if there is no genuine link between the individual and the state that granted citizenship. Since Nottebohm had no real connection to Liechtenstein, Guatemala was not obligated to recognize his changed citizenship.

Uploaded by

Celice Illeana
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Nottebohm Case (Liechtenstein v.

Guatemala) ICJ Rep 4 (1955)

Brief Fact Summary. A month after the start of World War II, Nottebohn (P), a German citizen who had lived in Guatemala (D) for 34 years, applied for Liechtenstein
(P) citizenship.
Synopsis of Rule of Law. Nationality may be disregarded by other states where it is clear that it was a mere device since the nationality conferred on a party is
normally only the concerns of that nation
Facts. Nottebohn (P), a German by birth, lived in Guatemala (D) for 34 years, retaining his German citizenship and family and business ties with it. He however applied
for Liechtenstein (P) citizenship a month after the outbreak of World War II. Nottebohm (P) had no ties with Liechtenstein but intended to remain in Guatemala. The
naturalization application was approved by Liechtenstein and impliedly waived its three-year. After this approval, Nottebohm (P) travelled to Liechtenstein and upon
his return to Guatemala (D), he was refused entry because he was deemed to be a German citizen. His Liechtenstein citizenship was not honored.  Liechtenstein (P)
thereby filed a suit before the International Court to compel Guatemala (D) to recognize him as one of its national. Guatemala (D) challenged the validity of
Nottebohm’s (P) citizenship, the right of Liechtenstein (P) to bring the action and alleged its belief that Nottebohm (P) remained a German national.
Issue. Must nationality be disregarded by other states where it is clear that it was a mere device since the nationality conferred on a party is normally the concerns of
that nation?
Held. NO. issues relating to citizenship are solely the concern of the granting nation. This is the general rule. But it does not mean that other states will automatically
accept the conferring state’s designation unless it has acted in conformity with the general aim of forging a genuine bond between it and its national aim. In this case,
there was no relationship between Liechtenstein (P) and Nottebohm (P). the change of nationality was merely a subterfuge mandated by the war. Under this
circumstance, Guatemala (D) was not forced to recognize it. Dismissed.

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