For decades, the American military has struggled with ways to improve handgun  effectiveness while avoiding the bad press of using hollow point ammo (sometimes called “Dum dum” bullets).  Picatinny Arsenal announced that the Modular Handgun System (MHS) now under development, will shoot hollow points in combat.

A recent study by the Federal Bureau of Investigation concluded that 9mm hollow-point rounds produce reliable incapacitation. This has not been lost on the military who is always looking for increased performance and force protection.

The effectiveness of hollow points is proven, the argument against their military use is legal, based on Article IV, Section 3 of the 1899 Hague Convention. The Hague Conventions of 1899 and 1907 drew heavily from the Lieber Code, which was issued by President Abraham Lincoln on 24 April 1863, during the Civil War.

The Hague Convention of 1899, Declaration III, prohibited the use of bullets which readily expand or flatten in the human body by national armies engaged in international warfare.

The U.S. ratified the first three articles of the 1899 Hague Convention but never signed Article IV. Additionally, Article IV, Section 3 states that the prohibition on the use of hollow points applies only in a conflict between two signatories. Even if the U.S.A. signed Article IV, the provisions wouldn’t apply to the United States unless fighting another signatory state.

A grey area of international law has always been the treatment of irregular fighters. The Great Powers did not appreciate participation by non-nation state actors in their conflicts. At the 1899 Hague Conference, the Martens Clause determined that non-uniformed insurgents were unlawful combatants subject to execution on capture. This means that according to Hague, the laws of warfare do not apply to guerrillas. pirates and terrorists. SOCOM has used this to their advantage.

In the 90’s, U.S. Special Operations Command lawyers successfully argued that the Sierra 7.62 Matchking hollow point bullets and the Winchester .45 caliber 230 grain Jacked Hollow point were not designed to caused unnecessary suffering and these rounds were then fielded in combat.

Finally catching up, current U.S. military lawyers argue that that the shift to jacketed hollow point (JHP) ammunition by conventional forces does not increase suffering and reduces risk to non-combatants.