If someone has dual citizenship for two countries that go to war, can he or she be tried for treason?

Question

if they side with one country over the other? how does this work?

can they be drafted in this case?

Answer 1

It is likely that in such a situation both countries will no longer acknowledge dual citizenship with the other country. A dual citizen would have to renounce citizenship in one country or the other. If they are smart they will not renounce where the live :)

However, even if the dual citizenship was allowed to continue, they could not be tried for treason based simply on being a citizen of the other country. treason requires an action.

From wiktionary.org:

treason (plural treasons)

1. The crime of betraying one’s government.
"Formerly, the punishment for high treason was of a most barbarous character…. Women were burnt. A male traitor was dragged or drawn to the place of execution and hanged; but while still alive, he was cut down and disembowelled. His head was then severed from his body which was quartered. The head and quarters, which were at the Kings disposal, were usually exposed in some conspicuous place—the Temple Bar being a favourite spot—after being boiled in salt to prevent putrification and in cumin seed to prevent birds feasting on them."
1952: James Avery Joyce: Justice At Work: (this edition Pan 1957) Page 105.
2. Providing aid and comfort to the enemy.

Answer 2

Nope, unless they commit a crime against one of the two countries. Side with the country that you know will except you without question ie if your italian and Italy goes to war with germany. You know Italy will take you back no questions asked but germany says you want to live here...you must prove you are worthy to stay or why you wish to stay.

Answer 3

I'm a citizen of Iceland and the US and if that ever happened I'd renounce my citizenship to Iceland because I live in the states.

Answer 4

you bet ye, by both countries.