(LRC Revised)

Number 36 of 2017

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

REVISED

Updated to 30 March 2021

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

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.

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

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

Number

36

of

2017