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War’s historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war – as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights – an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept this. <br />Dominant discourses on citizenship in the liberal and cosmopolitan traditions focus on the individual as the unit of analysis and normative concern, and on his rights against the state. At the same time, the choice of how to construct citizenship – to whom to grant it or from whom to withhold it, and what content to give citizenship – is closely linked to questions of security and identity: citizenship either presupposes or purports to create some measure of common identity among citizens, and implies obligations as well as rights. This chapter argues that, in assessing legal and moral positions, this role – if not necessarily approved – must be accounted for to achieve a fuller understanding of how peace, war and rights are related. <br />Human rights may be conceptualized as universal, but their application and specific content are often mediated through the state, and therefore understanding how states retain the ability to define the contours of citizenship, including through the effects of war, is critical to an understanding of the actual scope of human rights as a legal enterprise and a lived experience. <br />The article will examine the formal limits placed on war as an instrument that could affect citizenship; then it will examine the evidence for war’s continued effect (through means such as differentiation between citizens and alien residents, expulsion of aliens, assimilation of refugee flows, and border changes); then it will advance an argument about how the factual effects of war interact with legal doctrine (such as through selective definition and interpretation of wars, perfection of wartime changes in peace treaties, and novel demographic changes introduced by peace treaties). <br />The article considers the concepts of participation, loyalty, and treason; the evidence and implications of wartime propaganda; the rules and practice governing transfer of populated territory between sovereigns; the incentives that the laws of war create for individuals’ identification with the state; and the accommodation in peace plans of demographic change wrought by war. <br />Principal reference is made to changes in citizenship status following the wars of the former Yugoslavia, the Algerian decolonization, the postwar settlement of Europe, and to the debates about the contours of citizenship in Israel and the Palestinian territories.

Human rights, particularly in the form of international human rights law, intersect with religion and peace at foundational levels, as symbolically highlighted by the 1948 Universal Declaration of Human Rights (UDHR). The Preamble to the Declaration proclaims in its very first line that respect for human dignity is the foundation of peace, and proceeds to declare that freedom of belief, alongside freedom of speech and freedom from fear, are the highest aspirations of humankind. One could similarly highlight the special relationship between the project of human rights, peace and religion, particularly religious tolerance, in the texts of the universal, as well as regional, human rights instruments adopted since 1948, as well as the text of the Charter of the United Nations of 1945. The relationship between contemporary human rights, on the one hand, and religion and peace on the other, is arguably determined by the structure of international human rights law as a political discourse, which describes the relationship between individuals, society and the State. The visible influence of social contract theory on the wording of the Universal Declaration reminds us that from its inception, the project of human rights is intimately linked to religious diversity (because of the birth of modern sovereignty in European wars of religion and evangelical imperialism) and peace (because of the connection that the Declaration draws between the stability of States and respect for the human dignity of citizens). Against this known conceptual and historical backdrop, this paper starts with the displacement, at the global level, of human rights by the ambiguous discourse of "human security," since the early 1990s. A general idea is that "human security", which has rapidly evolved to become an organizing principle of policy-making for governments as well as non-governmental and inter-governmental organizations, constitutes an alternative, sometimes deliberately advocated as such, to the discourse of human rights. Although received, and arguably uninformed, commonsense considers human rights as a threat to State sovereignty, the confrontation of human rights with "human security" reveals, first, how human rights is bound to sovereignty and, second, how "human security" refers to political parameters that are foreign to those of the UDHR. In that sense, this paper discusses how the structurally very deep relationship between peace, religion, and the project of equality in diversity promoted within international law by the UDHR is sidelined by the general project of "global governance," to which "human security" has contributed a legitimate basis for disregarding the sovereignty on which human rights depend. Methodologically, the paper seeks to bring together a structured and coherent conceptual backdrop to the resistance offered more recently by a group of States to the continuous use of "human security" within the United Nations and beyond. This is done through the use of the technical notion of "political theology," which systematizes the foundational place of religion in political discourse by describing political-theoretical language (such as that of the Universal Declaration) as secularized versions of religious worldviews. This allows for a constructive confrontation of human rights and "human security" as parallel political projects, in a way that describes the project of "human security," connected as it is with other strategic concepts of global governance (like the "responsibility to protect"), as a threat to the original architecture of international human rights law. This threat is shown to derive from "human security's" potential hostility to both human rights' international law component (sovereignty) as well as its human rights component (equality in diversity), particularly by associating humanitarian concerns with the passing security concerns of dominant States.