On April 6 1955, the Principality of Liechtenstein lost an application in the International Court of Justice against the Republic of Guatemala regarding a Liechtenstein citizen's treatment by Guatemala contrary to international law. The Nottebohm Incident pointed out the fragility of a small country's sovereignty in the international arena.
Mr. Friedrich Nottebohm, while a citizen of Liechtenstein, had not been born in the Principality and had been naturalized. He was born at Hamburg, Germany and was still a German citizen in October 1939 when he applied for naturalization in Liechtenstein. In 1905 he moved to Guatemala where his business prospered. He occasionally visited Germany on business and also countries on holidays. Several times he visited his brother who lived in Liechtenstein. Leaving Guatemala in 1939, he traveled to Hamburg, Germany and made several brief visits to Liechtenstein. Then on October 9th, 1939, a month after the start of World War 2, Nottenbohm applied to be a citizen of the Principality.
Guatemala believed that there had to be an established bond between of nationality between the State and the individual in order that the individual had the right of diplomatic protection. Guatemala claimed that no such bond existed between Nottebalm and Liechtenstein. The Principality claimed that by virtue of the naturalization Nottebalm had that protection.
The Liechtenstein Law of 4th January 1934 detailed the necessary conditions for the naturalization of foreigners in Liechtenstein. Among other things the applicant for naturalization had to prove that he or she had been accepted into the Home Corporation (Heimat verband) of a Liechtenstein commune, that he or she would lose his former citizenship as the result of naturalization and had been living in the Principality for at least three years. In special cases, the Liechtenstein Government could wavied and this seemed to happen with Nottebalm. The applicant also had to prove that he agreed to pay all relevant taxes and had paid a naturalization fee. Liechtenstein law required that all pertinent facts be revealed and that the application could be denied were it was thought that the granting of citizenship would be prejudice to Liechtenstein. After examining the application and obtaining all necessary information, the Government submits the application to the Diet. If approved, then the application is passed to the Reigning Prince for his final approval.
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