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


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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

1. Definitions

2. Offences

3. Offences outside State

4. Penalties

5. Responsibility of military commanders and other superiors

6. Defence of superior orders

7. Double jeopardy

8. Blue Shield emblem

9. Amendment of Criminal Justice (Mutual Assistance) Act 2008

10. Amendment of Schedule to Criminal Procedure Act 2010

11. Short title and commencement

SCHEDULE 1

Convention for the Protection of Cultural Property in the Event of Armed Conflict

SCHEDULE 2

Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict


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.