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


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.