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1991 Army Law. 86 (1991)
Memorandum of Law - Sniper Use of Open-Tip Ammunition

handle is hein.journals/armylaw1991 and id is 162 raw text is: Memorandum of Law-Sniper Use of Open-Tip Ammunition The following memorandum addresses the Army's use of open-tip ammunition in combat. As a fundamental principle of the Law of War, nations may not employ weapons intended to cause unnecessary suffering. For almost a century, the United States and other nations have foresworn the use of expanding, or dum-dum, bullets in compliance with this fundamental principle Technology, however, continues to improve bullet design and performance. Accordingly, the mili- tary must review new weapons systems, weapons, and projectiles; compare their performance vis- a-vis existing, lawful weapons; and determine if these new weapons comply with the Law of War. New open-tip bullets offer vastly superior accuracy at long range for sniper use in combat. After noting the difference between a dum-dum bullet and the open-tip bullet, the memorandum compares the performance in the human body of the open-tip bullet with contemporary military small arms bullets. Signed on 12 October 1990, the opinion concludes that the open-tip bullet does not violate the Law of War obligations of the United States. A similar opinion was signed by The Judge Advocate General of the Navy on 17 December 1990, which covered Navy and Marine Corps use of this ammunition. DAJA-IA 12 October 1990 MEMORANDUM FOR COMMANDER, UNITED STATES ARMY SPECIAL OPERATIONS COMMAND SUBJECT:, Sniper Use of Open-Tip Ammunition 1. Summary, This memorandum considers whether United States Army snipers may employ match-grade, open-tip ammunition in combat or other special missions. It con- cludes that such ammunition does not violate the law of war obligations of the United States, and may be employed in peacetime or wartime missions of the Army. 2. Background. For more than a decade two bullets have been available for use by the United States Army Marks- manship Unit in match competition in its 7.62mm rifles. The MI 18 is a 173-grain match grade full metal jacket boat tail, ogival spitzer tip (closed tip) bullet,* while the M852 is the Sierra MatchKing 168-grain match grade boat tail, ogival spitzer tip bullet with an open tip.** Although the accuracy of the M 118 has been reasonably good, though at times erratic, independent bullet com- parisons by the Army, Marine Corps, and National Guard marksmanship training units have established un- equivocally the superior accuracy of the M852. Army tests noted a thirty-six percent improvement in accuracy with the M852 at 300 meters, and a thirty-two percent improvement at 600 yards; Marine Corps figures were twenty-eight percent accuracy improvement at 300 meters, and twenty percent at 600 yards. The National Guard determined that the M852 provided better bullet groups at 200 and 600 yards under all conditions than did the MII8. (Material Acquisition Decision Process Review of Ml18 Match Cartridge Engineering Study IA-0-8355, 7 May 1980.) The 168-grain MatchKing was designed in the late 1950's for 300-meter shooting in international rifle matches. In its competitive debut, it was used by the first- place winner at the 1959 Pan American Games. In the same caliber but in its various bullet weights, the MatchKing has set a number of international records. To a range of 600 meters, the superiority of the accuracy of the M852 cannot be matched, and led to the decision by United States military marksmanship training units to use the M852 in competition. A 1980 opinion of this office concluded that use of the M852 in match competition would not violate law of war obligations of the United States (DAJA-IA 1980/6110, subject: Improved Accuracy 7.62mm Match Ammunition Program (11 Sept. 1980). Further tests and actual compe- tition over the past decade have confirmed the superiority of the M852 over the Ml18 and other match grade bul- lets. For example, at the national matches held at Camp Perry, Ohio, in 1983, a new Wimbledon record of 200-15 X's was set using the 168-grain Matchking. This level of performance lead to the question of whether the M852 could be used by military snipers in peacetime or wartime missions of the Army. During the period in which this review was conducted, the 180-grain MatchKing bullet (for which there is no military designation) also was tested with a view to increased accuracy over the M852 at very long ranges. Because two bullet weights were under consideration, the term MatchKing will be used hereinafter to refer to the generic design rather than to a bullet of a particular weight. The fundamental question to be addressed by this review is whether an open-tip bullet of MatchKing design may be used in combat. 3. Legal Factors. The principal provision relating to the legality of weapons is contained in article 23e of the *The MI1t bullet is loaded into a 7.62mm (caliber .308) cartridge. In its original loading in the earlier .30-06 cartridge, it was the M72. **While this review is written in the context of the M852 Sierra MatchKing 168-grain open tip bullet and a IS0-grain version, the MatchKing bullet (and similar bullets of other manufacturers) is also produced in other bullet weights for 7.62mm rifles (.308, .30-06, or .300 Winchester Magnum). 86 FEBRUARY 1991 THE ARMY LAWYER 0 DA PAM 27-50-218

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