Written By: Peter Trobec
Supervised By: Giustiniano Cesare Vasey
Edited By: Alexandra Huggins
ABSTRACT – Part II
During armed conflicts, international humanitarian law (IHL) or the laws of armed conflict restrict the freedom of parties to use certain weapons. The first instruments of modern IHL related to weaponry concerned and regulated bullets. The Saint-Petersburg Declaration of 1868 and the Declaration (IV,3) concerning Expanding Bullets of 1899 imposed limitations with regard to explosive and expanding bullets, respectively. However, ever since the 19th century, war has evolved significantly.
In this second paper of this two-part series, the paper focuses on expanding bullets and elaborates on the argument that the law evolves in light of changing times. It will first examine the historical context and motivations behind the 1899 Hague Declaration. It further explores the developments throughout the twentieth and twenty-first centuries and analyses the contemporary relevance of the rule. This includes the analysis of exceptions for law enforcement and counterinsurgency, and the emergence of high-velocity small-calibre rounds. As with part one of the paper, the changes from the original rule to how the rule is applied currently illustrate how the law evolves in light of changing times. The core argument the paper will end with is that both explosive and expanding bullets were once deemed unnecessary or excessively injurious, but evolving circumstances have led to their renewed relevance in military practice.
