Cultural Property (Armed Conflicts) Act 2017

• Citation: 2017 c. 6
• Sections: 144

Section 1 “The Convention” and related expressions

(1) In this Act—

“ the 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 Regulations for the execution of the Convention ” means the Regulations for the execution of the Convention for the Protection of Cultural Property in the Event of Armed Conflict;

“ the First Protocol ” means the Protocol to the Convention, done at the Hague on 14 May 1954;

“ the Second Protocol ” means the Second Protocol to the Convention, done at the Hague on 26 March 1999.

(2) The text of those instruments is set out in Schedules 1 to 4.

Section 2 “Cultural property”

In this Act “ cultural property ” has the meaning given in Article 1 of the Convention.

Section 3 Offence of serious violation of Second Protocol

(1) A person commits an offence if—

(a) the person does an intentional act of a kind described in any of sub-paragraphs (a) to (e) of paragraph 1 of Article 15 of the Second Protocol,

(b) the act is a violation of the Convention or the Second Protocol, and

(c) the person knows that the property to which the act relates is cultural property.

(2) It does not matter whether the act is done in the United Kingdom or elsewhere.

(3) If the act is of a kind described in paragraph 1(a), (b) or (c) of Article 15 of the Second Protocol it does not matter whether the person is a UK national.

(4) If the act is of a kind described in paragraph 1(d) or (e) of that Article and is done outside the United Kingdom an offence is committed only if the person is—

(a) a UK national, or

(b) a person subject to UK service jurisdiction.

(5) In this Part “ UK national ” means—

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas Citizen,

(b) a person who under the British Nationality Act 1981 is a British subject,

(c) a British protected person within the meaning of that Act, or

(d) a body incorporated under the law of any part of the United Kingdom.

(6) In this Part “ person subject to UK service jurisdiction ” means—

(a) a person subject to service law within the meaning of the Armed Forces Act 2006, or

(b) a civilian subject to service discipline within the meaning of that Act.

Section 4 Ancillary offences

(1) An offence ancillary to an offence under section 3 is capable of being committed in the United Kingdom or elsewhere.

(2) An offence ancillary to an offence under section 3 in respect of an act of a kind described in paragraph 1(a), (b) or (c) of Article 15 of the Second Protocol is capable of being committed by any person, whether a UK national or not.

(3) An offence ancillary to an offence under section 3 in respect of an act done outside the United Kingdom of a kind described in paragraph 1(d) or (e) of Article 15 of the Second Protocol is capable of being committed by a person outside the United Kingdom only if the person is—

(a) a UK national, or

(b) a person subject to UK service jurisdiction.

(4) In the application of this Part to England and Wales, references to an offence that is ancillary to an offence under section 3 are to—

(a) attempting or conspiring to commit that offence, or

(b) an offence under section 4(1) or 5(1) of the Criminal Law Act 1967 (assisting an offender or concealing the commission of an offence) where the relevant offence mentioned there is an offence under section 3 of this Act.

(5) In the application of this Part to Northern Ireland, references to an offence that is ancillary to an offence under section 3 are to—

(a) attempting or conspiring to commit that offence, or

(b) an offence under section 4(1) or 5(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)) (assisting an offender or concealing the commission of an offence) where the relevant offence mentioned there is an offence under section 3 of this Act.

(6) In the application of this Part to Scotland, references to an offence that is ancillary to an offence under section 3 are to—

(a) being art and part in the commission of that offence,

(b) aiding, abetting, counselling, procuring or inciting a person to commit that offence,

(c) attempting or conspiring to commit that offence,

(d) perverting, or attempting to pervert, the course of justice in connection with that offence, or

(e) defeating, or attempting to defeat, the ends of justice in connection with that offence.

(7) A reference in this Part to an offence that is ancillary to an offence under section 3 includes a reference to an offence that is ancillary to such an ancillary offence, and so on.

(8) Subsections (4) to (6) apply for the purposes of subsection (7) as if any reference to an offence under section 3 included a reference to an offence that is ancillary to an offence under section 3, and so on.

Section 5 Responsibility of commanders and other superiors

(1) A person described in this section as responsible for a section 3 offence is to be treated as—

(a) aiding, abetting, counselling or procuring the commission of the offence under the laws of England and Wales and Northern Ireland, and

(b) being art and part in the commission of the offence under the law of Scotland.

(2) A military commander is responsible for a section 3 offence committed by forces under the commander's effective command and control if—

(a) the offence is committed as a result of the commander's failure to exercise control properly over those forces,

(b) the commander either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit the offence, and

(c) the commander failed to take all necessary and reasonable measures within the commander's power to prevent or repress the commission of the offence or to submit the matter to the competent authorities for investigation and prosecution.

(3) In subsection (2)—

(a) references to a military commander include a reference to a person effectively acting as a military commander, and

(b) in relation to such a person, the reference to effective command and control is to effective authority and control.

(4) With respect to superior and subordinate relationships not described in subsection (2), a superior is responsible for a section 3 offence committed by a subordinate who is under the superior's effective authority and control if—

(a) the offence is committed as a result of the superior's failure to exercise control properly over the subordinate,

(b) the superior either knew, or consciously disregarded information which clearly indicated, that the subordinate was committing or about to commit the offence,

(c) the offence concerned activities that were within the superior's effective responsibility and control, and

(d) the superior failed to take all necessary and reasonable measures within the superior's power to prevent or repress the commission of the offence or to submit the matter to the competent authorities for investigation and prosecution.

(5) References in this section to a “section 3 offence” are to—

(a) an offence under section 3, or

(b) an offence ancillary to such an offence.

(6) In interpreting and applying the provisions of this section (which corresponds to article 28 of the Statute of the International Criminal Court done at Rome on 17 July 1998) a court must take account of any relevant judgment or decision of the International Criminal Court.

(7) Nothing in this section affects any criminal liability that arises apart from this section.

Section 6 Penalties

A person guilty of an offence under section 3, or an offence ancillary to such an offence, is liable on conviction on indictment to imprisonment for a term not exceeding 30 years.

Section 7 Consent to prosecutions

Proceedings for an offence under section 3, or an offence ancillary to such an offence, may be brought—

(a) in England and Wales, only by or with the consent of the Attorney General;

(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Section 8 The cultural emblem

In this Part “ the cultural emblem ” means the design shown below, coloured as described in the key.

Section 9 Offence of unauthorised use

(1) It is an offence for a person to use the cultural emblem otherwise than as authorised by section 10, 11 or 12.

(2) In subsection (1) the reference to the cultural emblem includes any other design that so nearly resembles the emblem as to be capable of being mistaken for it.

(3) A person guilty of an offence under this section is liable on summary conviction—

(a) in England and Wales, to a fine;

(b) in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

(4) Proceedings for an offence under this section may be brought—

(a) in England and Wales, only by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Section 10 Use authorised by appropriate national authority

(1) Use of the cultural emblem is authorised by this section if the use is in accordance with permission granted by the appropriate national authority for the part of the United Kingdom in which the use takes place.

(2) But use of the cultural emblem in relation to immoveable cultural property is authorised by this section only if a copy of the permission is displayed alongside the cultural emblem.

(3) Permission under this section—

(a) may be general or specific;

(b) may be withdrawn.

Section 11 Other authorised use: moveable property

(1) Use of the cultural emblem is authorised by this section if the use is for the purpose of identifying moveable cultural property.

(2) Use of three representations of the cultural emblem (in a triangle, with one emblem below) is authorised by this section if the use is for the purpose of identifying cultural property that is undergoing protected transportation.

(3) Cultural property is undergoing protected transportation if it enjoys the protection provided for in Article 12 or 13 of the Convention.

Section 12 Other authorised use: personnel

(1) Use of the cultural emblem is authorised by this section if the use is for the purpose of identifying—

(a) a person mentioned in Article 2 or 7 of the Regulations for the execution of the Convention (persons responsible for control), or

(b) a person who is designated for the purpose of this paragraph by any of the appropriate national authorities.

(2) The appropriate national authority for a part of the United Kingdom may designate a person for the purpose of subsection (1)(b) only if the authority believes the person to be engaged in the protection of cultural property in that part of the United Kingdom (but a designation applies for the purposes of subsection (1)(b) even in relation to use of the cultural emblem in other parts of the United Kingdom).

Section 13 Defences

(1) If a person is charged with an offence under section 9 by reason of using a design, it is a defence to show that subsection (2), (3) or (4) applies.

(2) This subsection applies if the use of the design is for a purpose for which the accused lawfully used it before this section comes into force.

(3) This subsection applies if—

(a) the design is registered as a trade mark,

(b) the use is in relation to goods or services for which the trade mark is registered,

(c) the trade mark was registered in relation to those goods or services before this section comes into force, and

(d) the use of the design is not an infringement of the trade mark.

(4) This subsection applies if—

(a) the design is used on goods,

(b) the design was applied to the goods before the accused acquired them, and

(c) the person who applied the design to the goods falls within subsection (5).

(5) A person falls within this subsection if the person—

(a) manufactured the goods or dealt with them in the course of trade, and

(b) lawfully used the design in relation to similar goods before this section comes into force.

(6) If there is sufficient evidence before the court to raise an issue with respect to a defence under this section, the court must assume that the defence is made out unless it is proved beyond reasonable doubt that it is not.

Section 14 Forfeiture following conviction under section 9

(1) If a person is convicted of an offence under section 9 by reason of using a design on an article, or in connection with an article, the court by which the person is convicted may order the forfeiture of the article.

(2) The court may also make such provision as appears to it to be necessary for giving effect to the forfeiture.

(3) That provision may include, in particular, provision relating to the retention, disposal or destruction of the article.

(4) Provision made under this section may be varied at any time by the court that made it.

Section 15 “Appropriate national authority”

For the purposes of this Part—

(a) the Secretary of State is the appropriate national authority for England;

(b) the Welsh Ministers are the appropriate national authority for Wales;

(c) the Scottish Ministers are the appropriate national authority for Scotland;

(d) the Department for Communities in Northern Ireland is the appropriate national authority for Northern Ireland.

Section 16 “Unlawfully exported cultural property” etc

(1) For the purposes of this Part property is “unlawfully exported cultural property” if—

(a) it has been unlawfully exported from a territory which at the time was occupied by a state that was a party to the First or Second Protocol, or

(b) it has been unlawfully exported from a territory which at the time—

(i) was territory of a state that was a party to the First or Second Protocol, and

(ii) was occupied by another state.

(2) It does not matter whether the property was exported before or after this section comes into force.

(3) For the purposes of this Part exportation of property is “unlawful” if—

(a) it is in contravention of the laws of the territory from which the property is exported, or

(b) it is in contravention of any rule of international law.

(4) A reference in subsection (1) to a state that was a party to the First or Second Protocol is to a state that was a party to the First or Second Protocol at the time of the export.

(5) In determining for the purposes of this Part whether territory is occupied regard must be had to Article 42 of the Regulations respecting the Laws and Customs of War on Land annexed to the Convention respecting the Laws and Customs of War on Land (Hague IV ), done at the Hague on 18 October 1907.

(6) If in any proceedings an issue arises as to whether cultural property is unlawfully exported cultural property, a certificate by the Secretary of State is conclusive evidence as to whether, at a particular time, territory was occupied by a party to the First or Second Protocol or by any other state.

Section 17 Offence of dealing in unlawfully exported cultural property

(1) It is an offence for a person to deal in unlawfully exported cultural property, knowing or having reason to suspect that it has been unlawfully exported.

(2) Subsection (1) does not apply to property imported into the United Kingdom before this section comes into force.

(3) A person deals in unlawfully exported cultural property if (and only if) the person—

(a) acquires or disposes of it in the United Kingdom or imports it into, or exports it from, the United Kingdom,

(b) agrees with another to do an act mentioned in paragraph (a), or

(c) makes arrangements under which another does such an act or under which another agrees with a third person to do such an act.

(4) “ Acquires ” means buys, hires, borrows or accepts.

(5) “ Disposes of ” means sells, lets on hire, lends or gives.

(6) A person guilty of an offence under this section in England and Wales is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).

(7) A person guilty of an offence under this section in Scotland is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both).

(8) A person guilty of an offence under this section in Northern Ireland is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

(9) In relation to an offence committed before 2 May 2022 the reference in subsection (6)(b) to the general limit in a magistrates’ court has effect as a reference to 6 months.

Section 18 Forfeiture in connection with dealing offence

(1) The court by or before which a person is convicted of an offence under section 17 may order the forfeiture of the property in respect of which the offence was committed.

(2) The court may also make such provision as appears to it to be necessary for giving effect to the forfeiture.

(3) That provision may include, in particular, provision relating to the retention or disposal of the property.

(4) Provision made under this section may be varied at any time by the court that made it.

Section 19 Property liable to forfeiture

Unlawfully exported cultural property is liable to forfeiture if it is imported into the United Kingdom after this section comes into force.

Section 20 Forfeiture order

(1) The appropriate court may, on an application by the Secretary of State, order the forfeiture of any property that is liable to forfeiture under section 19.

(2) In this section “ the appropriate court ” means—

(a) in relation to England and Wales and Northern Ireland, the High Court, and

(b) in relation to Scotland, the Court of Session.

Section 21 Compensation

(1) A court may provide for a forfeiture order under section 20 to be conditional on the payment of a specified amount of compensation to a person who has acquired an interest in the property since it was unlawfully exported from occupied territory.

(2) The court may provide for a forfeiture order to be conditional on the payment of compensation to a person who has acquired an interest only if satisfied that the person acquired the interest in good faith and without knowledge of the fact that the property had been unlawfully exported from occupied territory.

(3) Nothing in this section obliges anyone to pay compensation but a conditional order—

(a) does not take effect until the compensation is paid (whether by the Secretary of State or otherwise), and

(b) lapses if the compensation is not paid within the period of four months beginning with the day on which the order is made.

Section 22 Interim orders

(1) The appropriate court may, on an application by the Secretary of State, make any order it thinks appropriate for the safekeeping of property that is or may be the subject of an application for a forfeiture order under section 20.

(2) An order under this section may for example—

(a) prohibit a person from dealing in the property;

(b) require it to be kept at a particular location;

(c) stipulate conditions under which it must be kept;

(d) require or authorise a person to take steps for its conservation.

(3) If the property is not yet the subject of an application for a forfeiture order the court may make an order under this section only if it is satisfied that there is an arguable case that the property is liable to forfeiture.

(4) An order made in the circumstances mentioned in subsection (3) lapses if no application for the forfeiture of the property is made within the period of four months beginning with the day on which the order is made.

(5) An order under this section may be amended or discharged by the court that made it.

(6) In this section “ the appropriate court ” has the meaning given in section 20(2).

Section 23 Search and seizure warrants

(1) A justice may issue a warrant under this section in respect of any premises if satisfied that there are reasonable grounds for suspecting that property liable to forfeiture under section 19 is likely to be found.

(2) A warrant under this section authorises a constable—

(a) to enter and search the premises specified in the warrant, and

(b) to seize any property found there which the constable has grounds for believing is liable to forfeiture under section 19.

(3) A person exercising a power conferred by a warrant under this section may, if necessary, use reasonable force in the exercise of the power.

(4) Property seized under this section must be retained by a constable pending—

(a) forfeiture of the property under section 20, or

(b) return or disposal of the property under section 27.

(5) A person who has custody of property following its seizure under this section must give notice of its seizure to any person who, to his or her knowledge, owned the property at the time it was seized.

(6) But notice need not be given if the property was seized in the presence of—

(a) the owner, or

(b) an employee or agent of the owner.

(7) A reference in this section to the owner of property means, if there is more than one owner, any of them.

(8) In this section—

“ justice ” means—

in England and Wales, a justice of the peace,

in Scotland, a sheriff or summary sheriff, and

in Northern Ireland, a lay magistrate;

“ premises ” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 23 of that Act).

(9) In Schedule 1 to the Criminal Justice and Police Act 2001 (powers which relate to the seizure of property in bulk), in Part 1, at the end insert—

Cultural Property (Armed Conflicts) Act 2017

(73Q) The power of seizure conferred by section 23 of the Cultural Property (Armed Conflicts) Act 2017 (seizure of property liable to forfeiture under section 19 of that Act).

Section 24 Retention of property in custody of constable

(1) This section applies to property that—

(a) has been seized for a purpose connected with the investigation or prosecution of a suspected offence under section 17, and

(b) is in the custody of a constable.

(2) If the property ceases to be needed for that purpose a constable may apply to a justice for an order that the property must be retained by a constable pending—

(a) forfeiture of the property under section 20, or

(b) return or disposal of the property under section 27.

(3) The justice may make the order if satisfied that there are reasonable grounds for suspecting that the property may be liable to forfeiture under section 19 (and in accordance with section 20).

(4) A constable who has custody of the property following the making of an order for its retention must give notice of the order to any person who, to his or her knowledge, owned the property at the time the order was made.

(5) It is lawful for property to which this section applies to be retained by a constable—

(a) pending the making or determination of an application under subsection (2), or

(b) in accordance with an order under subsection (3).

(6) The following do not apply to property retained in reliance on subsection (5)—

(a) the Police (Property) Act 1897 (property seized in the investigation of an offence);

(b) section 31 of the Police (Northern Ireland) Act 1998 (which makes similar provision in Northern Ireland).

(7) In this section “ justice ” means—

(a) in England and Wales, a justice of the peace,

(b) in Scotland, a sheriff or summary sheriff, and

(c) in Northern Ireland, a lay magistrate.

Section 25 Notices of seizure or retention

(1) A notice under section 23(5) or 24(4)—

(a) must be in writing, and

(b) must set out the grounds for the seizure of the property or its retention.

(2) A notice under section 23(5) or 24(4) must be given to a person by—

(a) delivering it personally,

(b) addressing it to the person and leaving it at the appropriate address,

(c) addressing it to the person and sending it by post to that address, or

(d) in the case of a person who has no address within the United Kingdom, or whose address is unknown, publishing it in the London, Edinburgh or Belfast Gazette.

(3) “ The appropriate address ”, in relation to a person, means—

(a) in the case of a body corporate, its registered or principal office;

(b) in any other case, the person's usual or last known place of residence or business.

Section 26 Property in custody of others

(1) This section applies to property that—

(a) has been seized for a purpose connected with the investigation or prosecution of a suspected offence under section 17, and

(b) is in the custody of a person who is not a constable.

(2) The person must transfer the property to a constable as soon as is reasonably practicable after it ceases to be needed for the purpose mentioned in subsection (1)(a) (and a constable may then make an application under section 24(2)).

(3) It is lawful for property to which this section applies to be retained by the person pending compliance with subsection (2).

Section 27 Return of property to owner if not forfeited

(1) This section applies to property that has been seized under section 23, or retained in pursuance of an order under section 24, if—

(a) an application for the forfeiture of the property under section 20 is refused and no appeal against the refusal (or any subsequent appeal) is pending,

(b) proceedings on an application for the forfeiture of the property under section 20 are discontinued,

(c) a forfeiture order made in respect of the property under section 20 has lapsed, or

(d) no application for its forfeiture has been made under section 20 within the period of four months beginning with the day on which the property was seized under section 23 or the order was made under section 24.

(2) The property must be returned to its owner as soon as is reasonably practicable.

(3) If it is not reasonably practicable to return the property within the period of 12 months beginning with the day on which the duty to return it arises, the property may be disposed of in such manner as the person who for the time being has custody of the property thinks appropriate.

(4) For the purposes of subsection (1)(a) an appeal is pending if—

(a) an appeal has been brought but has not been determined or withdrawn,

(b) an application for permission to appeal has been made but has not been determined or withdrawn, or

(c) no such application has been made but the period for bringing an appeal is still running (disregarding the possibility of an appeal out of time).

(5) References in this section to the owner of property mean, if there is more than one owner, any of them.

Section 28 Immunity from seizure or forfeiture

(1) While a thing is protected under this section it may not be seized or forfeited under any legislation or rule of law.

(2) Protection under this section does not affect any other civil or criminal liability that a person may incur in relation to the thing.

(3) Cultural property that is being transported from outside the United Kingdom to a place within the United Kingdom is protected under this section if it enjoys the protection provided for in Article 12 of the Convention.

(4) Cultural property that is in transit through the United Kingdom is protected under this section if it enjoys the protection provided for in Article 12 of the Convention.

(5) Cultural property for which the United Kingdom is depositary is protected under this section if it is under the control of the Secretary of State or a person to whom the Secretary of State has entrusted its safekeeping.

(6) The United Kingdom is depositary for cultural property in the circumstances provided for by Article 18 of the Regulations for the execution of the Convention.

(7) A vehicle is protected under this section if it is transporting cultural property to which subsection (3) or (4) applies.

(8) The reference in subsection (1) to seizure or forfeiture of a thing includes a reference to—

(a) taking control of the thing under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007;

(b) execution or distress (in England and Wales or Northern Ireland);

(c) diligence or sequestration (in Scotland);

(d) seizure, confiscation or forfeiture, or any other measure relating to the custody or control of the thing, in the course of a criminal investigation or criminal proceedings;

(e) the making or enforcement of an order relating to the custody or control of the thing in civil proceedings.

(9) In this section—

“ legislation ” means primary or secondary legislation;

“ primary legislation ” means—

an Act of Parliament,

an Act of the Scottish Parliament,

a Measure or Act of the National Assembly for Wales, or

Northern Ireland legislation;

“ secondary legislation ” means an instrument made under primary legislation;

“ vehicle ” means any form of transport.

Section 29 Liability of company officers for offences by company

(1) If an offence to which this section applies is committed by a body corporate or a Scottish partnership and is proved to have been committed with the consent or connivance of an officer, the officer (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) This section applies to—

(a) an offence under section 3 or an offence that is ancillary to such an offence (within the meaning given by section 4);

(b) an offence under section 9;

(c) an offence under section 17.

(3) In relation to a body corporate “ officer ” means—

(a) a director, manager, secretary or other similar officer of the body, or

(b) a person purporting to act in any such capacity.

(4) In relation to a Scottish partnership “ officer ” means—

(a) a partner, or

(b) a person purporting to act as a partner.

(5) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with functions of management as if the member were an officer of the body.

Section 30 Crown application

(1) This Act binds the Crown.

(2) No contravention by the Crown of a provision of this Act makes the Crown criminally liable.

(3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

(4) The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes a contravention of a provision of this Act.

(5) Nothing in this section affects Her Majesty in her private capacity.

(6) Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (references to Her Majesty in her private capacity) were contained in this Act.

Section 31 Extent

(1) This Act extends to—

(a) England and Wales,

(b) Scotland, and

(c) Northern Ireland.

(2) Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to—

(a) the Isle of Man;

(b) any British overseas territory.

Section 32 Commencement

(1) This Part comes into force on the day on which this Act is passed.

(2) The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.

(3) Different days may be appointed for different purposes.

(4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

(5) Regulations under this section are to be made by statutory instrument.

Section 33 Short title

This Act may be cited as the Cultural Property (Armed Conflicts) Act 2017.

Article 1 Definition of cultural property

For the purposes of the present Convention, the term ‘cultural property’ shall cover, irrespective of origin or ownership:

(a) movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as 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 defined in sub-paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in sub-paragraph (a);

(c) centers containing a large amount of cultural property as defined in sub-paragraphs (a) and (b), to be known as ‘centers containing monuments’.

Article 2 Protection of cultural property

For the purposes of the present Convention, the protection of cultural property shall comprise the safeguarding of and respect for such property.

Article 3 Safeguarding of cultural property

The High Contracting Parties undertake to prepare in time of peace for the safeguarding of cultural property situated within their own territory against the foreseeable effects of an armed conflict, by taking such measures as they consider appropriate.

Article 4 Respect for cultural property

(1) The High Contracting Parties undertake to respect cultural property situated within their own territory as well as within the territory of other High Contracting Parties by refraining from any use of the property and its immediate surroundings or of the appliances in use for its protection for purposes which are likely to expose it to destruction or damage in the event of armed conflict; and by refraining from any act of hostility, directed against such property.

(2) The obligations mentioned in paragraph 1 of the present Article may be waived only in cases where military necessity imperatively requires such a waiver.

(3) The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, cultural property. They shall refrain from requisitioning movable cultural property situated in the territory of another High Contracting Party.

(4) They shall refrain from any act directed by way of reprisals against cultural property.

(5) No High Contracting Party may evade the obligations incumbent upon it under the present Article, in respect of another High Contracting Party, by reason of the fact that the latter has not applied the measures of safeguard referred to in Article 3.

Article 5 Occupation

(1) Any High Contracting Party in occupation of the whole or part of the territory of another High Contracting Party shall as far as possible support the competent national authorities of the occupied country in safeguarding and preserving its cultural property.

(2) Should it prove necessary to take measures to preserve cultural property situated in occupied territory and damaged by military operations, and should the competent national authorities be unable to take such measures, the Occupying Power shall, as far as possible, and in close co-operation with such authorities, take the most necessary measures of preservation.

(3) Any High Contracting Party whose government is considered their legitimate government by members of a resistance movement, shall, if possible, draw their attention to the obligation to comply with those provisions of the Convention dealing with respect for cultural property.

Article 6 Distinctive marking of cultural property

In accordance with the provisions of Article 16, cultural property may bear a distinctive emblem so as to facilitate its recognition.

Article 7 Military measures

(1) The High Contracting Parties undertake to introduce in time of peace into their military regulations or instructions such provisions as may ensure observance of the present Convention, and to foster in the members of their armed forces a spirit of respect for the culture and cultural property of all peoples.

(2) The High Contracting Parties undertake to plan or establish in peace-time, within their armed forces, services or specialist personnel whose purpose will be to secure respect for cultural property and to co-operate with the civilian authorities responsible for safeguarding it.

Article 8 Granting of special protection

(1) There may be placed under special protection a limited number of refuges intended to shelter movable cultural property in the event of armed conflict, of centers containing monuments and other immovable cultural property of very great importance, provided that they:

(a) are situated at an adequate distance from any large industrial center or from any important military objective constituting a vulnerable point, such as, for example, an aerodrome, broadcasting station, establishment engaged upon work of national defense, a port or railway station of relative importance or a main line of communication;

(b) are not used for military purposes.

(2) A refuge for movable cultural property may also be placed under special protection, whatever its location, if it is so constructed that, in all probability, it will not be damaged by bombs.

(3) A center containing monuments shall be deemed to be used for military purposes whenever it is used for the movement of military personnel or material, even in transit. The same shall apply whenever activities directly connected with military operations, the stationing of military personnel, or the production of war material are carried on within the center.

(4) The guarding of cultural property mentioned in paragraph I above by armed custodians specially empowered to do so, or the presence, in the vicinity of such cultural property, of police forces normally responsible for the maintenance of public order shall not be deemed to be used for military purposes.

(5) If any cultural property mentioned in paragraph 1 of the present Article is situated near an important military objective as defined in the said paragraph, it may nevertheless be placed under special protection if the High Contracting Party asking for that protection undertakes, in the event of armed conflict, to make no use of the objective and particularly, in the case of a port, railway station or aerodrome, to divert all traffic therefrom. In that event, such diversion shall be prepared in time of peace.

(6) Special protection is granted to cultural property by its entry in the ‘International Register of Cultural Property under Special Protection’. This entry shall only be made, in accordance with the provisions of the present Convention and under the conditions provided for in the Regulations for the execution of the Convention.

Article 9 Immunity of cultural property under special protection

The High Contracting Parties undertake to ensure the immunity of cultural property under special protection by refraining, from the time of entry in the International Register, from any act of hostility directed against such property and, except for the cases provided for in paragraph 5 of Article 8, from any use of such property or its surroundings for military purposes.

Article 10 Identification and control

During an armed conflict, cultural property under special protection shall be marked with the distinctive emblem described in Article 16, and shall be open to international control as provided for in the Regulations for the execution of the Convention.

Article 11 Withdrawal of immunity

(1) If one of the High Contracting Parties commits, in respect of any item of cultural property under special protection, a violation of the obligations under Article 9, the opposing Party shall, so long as this violation persists, be released from the obligation to ensure the immunity of the property concerned. Nevertheless, whenever possible, the latter Party shall first request the cessation of such violation within a reasonable time.

(2) Apart from the case provided for in paragraph 1 of the present Article, immunity shall be withdrawn from cultural property under special protection only in exceptional cases of unavoidable military necessity, and only for such time as that necessity continues. Such necessity can be established only by the officer commanding a force the equivalent of a division in size or larger. Whenever circumstances permit, the opposing Party shall be notified, a reasonable time in advance, of the decision to withdraw immunity.

(3) The Party withdrawing immunity shall, as soon as possible, so inform the Commissioner-General for cultural property provided for in the Regulations for the execution of the Convention, in writing, stating the reasons.

Article 12 Transport under special protection

(1) Transport exclusively engaged in the transfer of cultural property, whether within a territory or to another territory, may, at the request of the High Contracting Party concerned, take place under special protection in accordance with the conditions specified in the Regulations for the execution of the Convention.

(2) Transport under special protection shall take place under the international supervision provided for in the aforesaid Regulations and shall display the distinctive emblem described in Article 16.

(3) The High Contracting Parties shall refrain from any act of hostility directed against transport under special protection.

Article 13 Transport in urgent cases

(1) If a High Contracting Party considers that the safety of certain cultural property requires its transfer and that the matter is of such urgency that the procedure laid down in Article 12 cannot be followed, especially at the beginning of an armed conflict, the transport may display the distinctive emblem described in Article 16, provided that an application for immunity referred to in Article 12 has not already been made and refused. As far as possible, notification of transfer should be made to the opposing Parties. Nevertheless, transport conveying cultural property to the territory of another country may not display the distinctive emblem unless immunity has been expressly granted to it.

(2) The High Contracting Parties shall take, so far as possible, the necessary precautions to avoid acts of hostility directed against the transport described in paragraph 1 of the present Article and displaying the distinctive emblem.

Article 14 Immunity from seizure, capture and prize

(1) Immunity from seizure, placing in prize, or capture shall be granted to:

(a) cultural property enjoying the protection provided for in Article 12 or that provided for in Article 13;

(b) the means of transport exclusively engaged in the transfer of such cultural property.

(2) Nothing in the present Article shall limit the right of visit and search.

Article 15 Personnel

As far as is consistent with the interests of security, personnel engaged in the protection of cultural property shall, in the interests of such property, be respected and, if they fall into the hands of the opposing Party, shall be allowed to continue to carry out their duties whenever the cultural property for which they are responsible has also fallen into the hands of the opposing Party.

Article 16 Emblem of the convention

(1) The distinctive emblem of the Convention shall take the form of a shield, pointed below, persaltire blue and white (a shield consisting of a royal-blue square, one of the angles of which forms the point of the shield, and of a royal-blue triangle above the square, the space on either side being taken up by a white triangle).

(2) The emblem shall be used alone, or repeated three times in a triangular formation (one shield below), under the conditions provided for in Article 17.

Article 17 Use of the emblem

(1) The distinctive emblem repeated three times may be used only as a means of identification of:

(a) immovable cultural property under special protection;

(b) the transport of cultural property under the conditions provided for in Articles 12 and 13;

(c) improvised refuges, under the conditions provided for in the Regulations for the execution of the Convention.

(2) The distinctive emblem may be used alone only as a means of identification of:

(a) cultural property not under special protection;

(b) the persons responsible for the duties of control in accordance with the Regulations for the execution of the Convention;

(c) the personnel engaged in the protection of cultural property;

(d) the identity cards mentioned in the Regulations for the execution of the Convention.

(3) During an armed conflict, the use of the distinctive emblem in any other cases than those mentioned in the preceding paragraphs of the present Article, and the use for any purpose whatever of a sign resembling the distinctive emblem, shall be forbidden.

(4) The distinctive emblem may not be placed on any immovable cultural property unless at the same time there is displayed an authorization duly dated and signed by the competent authority of the High Contracting Party.