Overview

This bill aims to make UK law consistent with the 1954 Hague Convention and its 1954 and 1999 Protocols, which protect cultural property during armed conflict. It introduces new offences related to the destruction or damage of cultural property, unauthorized use of the Convention's emblem, and dealing in cultural property unlawfully exported from occupied territories.

Description

The bill has six parts. Part 1 defines key terms like "cultural property" and the relevant Conventions. Part 2 criminalizes serious violations of the Second Protocol, including destruction or damage of cultural property, with penalties of up to 30 years imprisonment. It also addresses the responsibility of commanders and superiors for such offenses. Part 3 concerns the unauthorized use of the Convention's emblem, establishing fines as penalties. Part 4 addresses cultural property unlawfully exported from occupied territory, introducing offences for dealing in such property with penalties up to 7 years imprisonment. This part also establishes processes for forfeiture and compensation. Part 5 provides immunity from seizure or forfeiture for cultural property removed for safekeeping in accordance with the Convention. Part 6 contains general provisions concerning corporate and Crown liability, extent, commencement, and short title.

Government Spending

The bill doesn't directly specify government spending figures. However, costs are likely to arise from implementing the new legislation, such as increased law enforcement, court proceedings, and potentially compensation payments.

Groups Affected

• Individuals: Individuals who damage or destroy cultural property, use the Convention emblem without authorization, or deal in illegally exported cultural property could face criminal penalties.
• Military personnel and commanders: Military personnel and their commanders could be held responsible for violations of the Convention and the Protocols, both under domestic and international law.
• Museums, galleries, and archives: These institutions would benefit from enhanced protection under the bill, while also having to adapt to new regulations.
• Art dealers and collectors: Those dealing in cultural property will need to take greater care to ensure they do not unknowingly violate the bill.
• The Crown: The bill binds the Crown but does not make it criminally liable, though the High Court or Court of Session could rule on Crown actions.

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