Protection of Cultural Property in the event of Armed Conflict (Hague Convention) Act 2017

Enactment Date21 December 2017
Act Number36

Number 36 of 2017


PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT (HAGUE CONVENTION) ACT 2017

REVISED

Updated to 30 March 2021


This Revised Act is an administrative consolidation of the Protection of Cultural Property in the event of Armed Conflict (Hague Convention) Act 2017. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Residential Tenancies Act 2021 (5/2021), enacted 30 March 2021, and all statutory instruments up to and including the European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), made 26 March 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 36 of 2017


PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT (HAGUE CONVENTION) ACT 2017

REVISED

Updated to 30 March 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

None

All Acts up to and including Residential Tenancies Act 2021 (5/2021), enacted 30 March 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021)

Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 301 of 2018)

Criminal Justice (Mutual Assistance) Act 2008 (Designation of States in Accordance with the Protocol of Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 300 of 2018)

Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Act 2017 (Commencement) Order 2018 (S.I. No. 299 of 2018)

All statutory instruments up to and including European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), made 26 March 2021, were considered in the preparation of this revision.


Number 36 of 2017


PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT (HAGUE CONVENTION) ACT 2017

REVISED

Updated to 30 March 2021


CONTENTS


Acts Referred to

Criminal Justice (Mutual Assistance) Act 2008 (No. 7)

Criminal Procedure Act 2010 (No. 27)

European Arrest Warrant Act 2003 (No. 45)

Extradition Act 1965 (No. 17)


Number 36 of 2017


PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT (HAGUE CONVENTION) ACT 2017

REVISED

Updated to 30 March 2021


An Act to give effect to the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on 14 May 1954, and to the Protocol thereto, done at The Hague on 26 March 1999, and for those purposes to provide for offences relating to acts prohibited by that Protocol; and to provide for matters related thereto.

[21st December, 2017]

Be it enacted by the Oireachtas as follows:

Annotations:

Editorial Notes:

E1

Provision for extradition to give effect to Convention and Act made (17.08.2018) by Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 301 of 2018), in effect as per art. 1(2).

E2

Provision for inter-state cooperation to give effect to Convention and Act made (17.08.2018) by Criminal Justice (Mutual Assistance) Act 2008 (Designation of States in Accordance with the Protocol of Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 300 of 2018), in effect as per art. 2.

1.

Definitions

1. In this Act—

“Convention” means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on 14 May 1954, the text of which is set out in Schedule 1;

“cultural property”, irrespective of origin or ownership, means—

(a) movable or immovable property of great importance to the cultural heritage of every people, including:

(i) monuments of architecture, art or history, whether religious or secular;

(ii) archaeological sites;

(iii) groups of buildings which, as a whole, are of historical or artistic interest;

(iv) works of art;

(v) manuscripts, books and other objects of artistic, historical or archaeological interest;

(vi) scientific collections and important collections of books or archives or of reproductions of the property defined above,

(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural property referred to in paragraph (a), including:

(i) museums;

(ii) large libraries and depositories of archives; and

(iii) refuges intended to shelter, in the event of armed conflict, the movable cultural property referred to in paragraph (a),

and

(c) centres containing a large amount of cultural property as defined in paragraphs (a) and (b);

“cultural property under enhanced protection” means cultural property to which the status of enhanced protection has been granted in accordance with the system established by the Protocol;

“Minister”, other than in section 8, means the Minister for Foreign Affairs and Trade;

“Protocol” means the Protocol to the Convention done at The Hague on 26 March 1999, the text of which is set out in Schedule 2.

2.

Offences

2. (1) A person who, during an armed conflict—

(a) attacks cultural property under enhanced protection,

(b) uses cultural property under enhanced protection or the area immediately surrounding such property in support of military action,

(c) extensively destroys or appropriates cultural property,

(d) attacks cultural property, or

(e) steals, pillages, misappropriates or vandalises cultural property,

commits an offence.

(2) A person charged with an offence under paragraph (a), (b) or (c) of subsection (1) shall be tried by the Central Criminal Court.

(3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by, or with the consent of, the Director of Public Prosecutions.

3.

Offences outside State

3. (1) A person who, in a place outside the State, engages in conduct that would, if the conduct occurred in the State, constitute an offence under paragraph (a), (b) or (c) of section 2(1), commits an offence.

(2) An Irish citizen, a member of the Defence Forces or a person ordinarily resident in the State, who, in a place outside the State, engages in conduct that would, if the conduct occurred in the State, constitute an offence under paragraphs (d) or (e) of section 2(1) commits an offence.

(3) A person who is—

(a) an Irish citizen,

(b) a member of the Defence Forces, or

(c) ordinarily resident in the State,

who exports or otherwise removes cultural property from an occupied territory of a State Party to the Protocol commits an offence.

(4) It shall be a defence in proceedings for an offence under subsection (3) for the person charged with the offence to prove that—

(a) the export or removal of the property concerned was in accordance with the law of that State Party, or

(b) he or she reasonably believed that such export or removal of the property concerned was necessary for the protection or preservation of that property.

(5) The Director of Public Prosecutions may take proceedings for an offence under subsection (1) if satisfied that—

(a) a request for a person’s surrender for the purpose of trying him or her for an offence under subsection (1) has been made by a State in relation to which Part II of the Extradition Act 1965 applies, and that request has been finally refused (whether as a result of a decision of a court or otherwise),

(b) a F1[relevant arrest warrant] has been received from an issuing State for the purpose of bringing proceedings against the person for an offence in respect of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT