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

1. Each Party may denounce this Protocol.

2. The denunciation shall be notified by an instrument in writing, deposited with the Director-General.

3. The denunciation shall take effect one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict, the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.

Article 46

Notifications

The Director-General shall inform all High Contracting Parties as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, approval or accession provided for in Articles 41 and 42 and of denunciations provided for in Article 45.

Article 47

Registration with the United Nations

In conformity with Article 102 of the Charter of the United Nations, this Protocol shall be registered with the Secretariat of the United Nations at the request of the Director-General.

IN FAITH WHEREOF the undersigned, duly authorized, have signed the present Protocol.

DONE at The Hague, this twenty-sixth day of March 1999, in a single copy which shall be deposited in the archives of the UNESCO, and certified true copies of which shall be delivered to all the High Contracting Parties.

SCHEDULE 2

PART A

List of Parties to the Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict

Argentina

Armenia

Austria

Azerbaijan

Bahrain

Barbados

Belarus

Belgium

Benin

Bosnia and Herzegovina

Brazil

Bulgaria

CambodiaC

anada

Chile

Colombia

Costa Rica

Croatia

Cyprus

Czech Republic

Dominican Republic

Ecuador

Egypt

El Salvador

Equatorial Guinea

Estonia

Finland

France

Gabon

Georgia

Germany

Greece

Guatemala

Honduras

Hungary

Iran (Islamic Republic of)

Italy

Japan

Jordan

Libya

Liechtenstein

Lithuania

Luxembourg

Mali

Mexico

Montenegro

Morocco

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Oman

Palestine

Panama

Paraguay

Peru

Poland

Qatar

Romania

Saudi Arabia

Serbia

Slovakia

Slovenia

South Africa

Spain

Sweden

Switzerland

Tajikistan

The Former Yugoslav Republic of Macedonia

Togo

Turkmenistan

United Kingdom of Great Britain and Northern Ireland

Uruguay

PART B

Reservations and Declarations to the Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict

Belgium

Declaration

“In accordance with Article 16, paragraph 1(

a

), of the Protocol and with the principle of non-discrimination, Belgium will prosecute the acts referred to in Article 15 of the Protocol without taking into account the exception provided for in its Article 16, paragraph 2(

b

).”

France

Declaration

“The French Republic understands that the reference made in Article 13, paragraph 2, subparagraph (

c

) of the Protocol to “immediate self-defence” in no way affects the right of self-defence as provided for in Article 51 of the Charter of the United Nations, and declares that it shall apply the stipulations of Article 13, paragraph 2, subparagraph (

c

) of the Protocol to the extent that the interpretation of those stipulations does not impede the employment, in accordance with international law, of the means it might consider essential to respond to an immediate threat in a situation of armed conflict.

The French Republic understands that any cultural property that becomes a military objective within the meaning of the Protocol may be attacked according to a waiver for an imperative military necessity by virtue of Article 4, paragraph 2, of the Convention.

In reference to Article 16, paragraph 1, subparagraph (

c

) of the Protocol, the French Republic indicates that French jurisdictions may prosecute any national of a State Party to the present Protocol who is usually resident in France and is guilty of the offences referred to in subparagraphs (

a

) to (

c

) of paragraph 1 of Article 15. The prosecution of such offences may take place only at the request of the public prosecutor’s office.”

Mali

The letter of transmission of this instrument contained the following request

“The Government of Mali, referring to Article 44 of the Protocol, requests that its ratification be given immediate effect.”

GIVEN under my Official Seal,

20 July 2018.

SIMON COVENEY,

Minister for Foreign Affairs and Trade.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

The purpose of this Order is to apply the provisions of Part II of the

Extradition Act 1965

, as amended, to the States Parties to the 1999 Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.

4. Parties are encouraged to give technical assistance of all kinds, through the Committee, to those Parties or parties to the conflict who request it.

Article 33

Assistance of UNESCO

5. Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the Party in the territory of which that conflict occurs.

6. The application of this Protocol to the situation referred to in paragraph 1 shall not affect the legal status of the parties to the conflict.

7. UNESCO may offer its services to the parties to the conflict.

Chapter 6

Institutional Issues

Article 23

Meeting of the Parties

8. In exceptional cases, when the Committee has concluded that the Party requesting inclusion of cultural property in the List cannot fulfil the criteria of Article 10 sub-paragraph (

b

), the Committee may decide to grant enhanced protection, provided that the requesting Party submits a request for international assistance under Article 32.

9. Upon the outbreak of hostilities, a Party to the conflict may request, on an emergency basis, enhanced protection of cultural property under its jurisdiction or control by communicating this request to the Committee. The Committee shall transmit this request immediately to all Parties to the conflict. In such cases the Committee will consider representations from the Parties concerned on an expedited basis. The decision to grant provisional enhanced protection shall be taken as soon as possible and, notwithstanding Article 26, by a majority of four-fifths of its members present and voting. Provisional enhanced protection may be granted by the Committee pending the outcome of the regular procedure for the granting of enhanced protection, provided that the provisions of Article 10 sub-paragraphs (

a

) and (

c

) are met.

10. Enhanced protection shall be granted to cultural property by the Committee from the moment of its entry in the List.

11. The Director-General shall, without delay, send to the Secretary-General of the United Nations and to all Parties notification of any decision of the Committee to include cultural property on the List.

Article 12

Immunity of cultural property under enhanced protection

The Parties to a conflict shall ensure the immunity of cultural property under enhanced protection by refraining from making such property the object of attack from any use of the property or its immediate surroundings in support of military action.

Article 13

Loss of enhanced protection

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

3

rd August

, 2018.

WHEREAS by the Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict done at The Hague on 26 March 1999 (referred to subsequently in these recitals as “the Protocol”, the terms of which are set out in Schedule 1 to this Order) an arrangement was made with other countries that are parties to that Protocol for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the State acceded to the Protocol on 17 May 2018;

AND WHEREAS the Protocol has also been ratified, or acceded to, by the countries, places and territories specified in that regard in Part A of Schedule 2 to this Order, subject to the reservations entered and the declarations made by certain countries concerned specified in Part B of said Schedule 2;

I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 8 (as amended by

section 57

of the

Criminal Justice (Terrorist Offences) Act 2005

(No. 3 of 2005),

section 49

of the

European Arrest Warrant Act 2003

(No. 45 of 2003) and

section 23

of the

Extradition (European Union Conventions) Act, 2001

(No. 49 of 2001)) of the

Extradition Act 1965

(No. 17 of 1965) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 (

S.I. No. 246 of 2011

)), and after consultation with the Minister for Justice and Equality, hereby order as follows