Practice Relating to Rule 78. Exploding Bullets
In a letter to the ICRC in 2001, Norway stated:
We fully recognise the validity of the St. Petersburg Declaration and the customary law established on the basis of the Declaration. The principle set out in the Declaration should, however, be interpreted in the light of more recent international humanitarian law, and in particular the prohibition against employing weapons and ammunition that are of such a nature as to cause superfluous injury or unnecessary suffering. In the assessment of the legality of a particular weapon or kind of ammunition, there has been a clear practice among nations since 1868 of weighing the legality against the intended use of the weapon or ammunition. In such assessments several factors, such as distance from the target, intended target categories and depth of penetration are considered to be relevant when establishing the effect on the target.
At the Second Review Conference of States Parties to the Convention on Certain Conventional Weapons in 2001, Norway stated that it “endorsed all efforts to strengthen the fundamental principle that the development and use of weapons systems deemed contrary to the 1868 St. Petersburg Declaration should be prevented”.