Practice Relating to Rule 78. Exploding Bullets
New Zealand’s Military Manual (1992) prohibits the use of “projectiles weighing less than 400 grams which are either explosive or charged with fulminating or inflammable substances”. It adds:
The use of tracer and incendiary ammunition by the armed forces of belligerents was general during the Second World War and must be considered to be lawful. An argument can be made that the use of such ammunition is illegal if directed solely against combatant personnel because of the St Petersburg Declaration and [the 1907 Hague Regulations] Art. 23(e). This argument ignores the fact that the UN Conference which negotiated the [1980 Protocol III to the Convention on Certain Conventional Weapons], was unable to agree on any requirement to protect combatants from the effects of incendiary weapons.