Part 2:
MatchKing performance.
Other than its superior long range marksmanship capabilities, the MatchKing was examined with regard to its performance on impact with the human body or in artificial material that approximates human soft tissue. It was determined that the bullet will break up or fragment in some cases at some point following entry into soft tissue. Whether fragmentation occurs will depend upon a myriad of variables, to include range to the target, velocity at the time of impact, degree of yaw of the bullet at the point of impact, or the distance traveled point-first within the body before yaw is induced. The MatchKing has not been designed to yaw intentionally or to break up on impact. These characteristics are common to all military rifle bullets. There was little discernible difference in bullet fragmentation between the MatchKing and other military small arms bullets, with some military ball ammunition of foreign manufacture tending to fragment sooner in human tissue or to a greater degree, resulting in wounds that would be more severe than those caused by the MatchKing. [FNaaa1]
Because of concern over the potential mischaracterization of the M852 as a "hollow point" bullet that might violate the purpose and intent of the 1899 Hague Declaration Concerning Expanding Bullets, some M852 MatchKing bullets were modified to close the aperture. The "closed tip" MatchKing did not measure up to the accuracy of the "open tip" MatchKing.
Other match grade bullets were tested. While some could approach the accuracy standards of the MatchKing in some lots, quality control was uneven, leading to erratic results. No other match grade bullet consistently could meet the accuracy of the open-tip bullet.
Law of War Application.
From both a legal and medical standpoint, the lethality or incapacitation effects of a particular small-caliber projectile must be measured against comparable projectiles in service. In the military small arms field, "small caliber" generally includes all rifle projectiles up to and including .60 caliber (15mm). For the purposes of this review, however, comparison will be limited to small-caliber ammunition in the range of 5.45mm to 7.62mm, that is, that currently in use in assault or sniper rifles by the military services of most nations.
Wound ballistic research over the past fifteen years has determined that the prohibition contained in the 1899 Hague Declaration is of minimal to no value, inasmuch as virtually all jacketed military bullets employed since 1899 with pointed ogival spitzer tip shape have a tendency to fragment on impact with soft tissue, harder organs, bone or the clothing and/or equipment worn by the individual soldier.
The pointed ogival spitzer tip, shared by all modern military bullets, reflects the balancing by nations of the criteria of military necessity and unnecessary suffering: its streamlined shape decreases air drag, allowing the bullet to retain velocity better for improved long-range performance; a modern military 7.62mm bullet will lose only about one-third of its muzzle velocity over 500 yards, while the same weight bullet with a round-nose shape will lose more than one-half of its velocity over the same distance. Yet the pointed ogival spitzer tip shape also leads to greater bullet breakup, and potentially greater injury to the soldier by such a bullet vis-à-vis a round-nose full-metal jacketed bullet. (See Dr. M. L. Fackler, "Wounding Patterns for Military Rifle Bullets," International Defense Review, January 1989, pp. 56-64, at 63.)
Weighing the increased performance of the pointed ogival spitzer tip bullet against the increased injury its breakup may bring, the nations of the world-- through almost a century of practice--have concluded that the need for the former outweighs concern for the latter, and does not result in unnecessary suffering as prohibited by the 1899 Hague Declaration Concerning Expanding Bullets or article 23e of the 1907 Hague Convention IV. The 1899 Hague Declaration Concerning Expanding Bullets remains valid for expression of the principle that a nation may not employ a bullet that expands easily on impact for the purpose of unnecessarily aggravating the wound inflicted upon an enemy soldier. Such a bullet also would be prohibited by article 23e of the 1907 Hague IV, however. Another concept fundamental to the law of war is the principle of discrimination, that is, utilization of means or methods that distinguish to the extent possible legitimate targets, such as enemy soldiers, from noncombatants, whether enemy wounded and sick, medical personnel, or innocent civilians. The highly trained military sniper with his special rifle and match grade ammunition epitomizes the principle of discrimination. In combat, most targets are covered or obscured, move unpredictably, and as a consequence are exposed to hostile fire for limited periods of time. When coupled with the level of marksmanship training provided the average soldier and the stress of combat, a soldier's aiming errors are large and hit probability is correspondingly low. While the M16A2 rifle currently used by the United States Army and Marine Corps is capable of acceptable accuracy out to six hundred meters, the probability of an average soldier hitting an enemy soldier at three hundred meters is ten percent.
Statistics from past wars suggest that this probability figure may be optimistic. In Would War II, the United States and its allies expended 25,000 rounds of ammunition to kill a single enemy soldier. In the Korean War, the ammunition expenditure had increased four-fold to 100,000 rounds per soldier; in the Vietnam War, that figure had doubled to 200,000 rounds of ammunition for the death of a single enemy soldier. The risk to noncombatants is apparent.
In contrast, United States Army and Marine Corps snipers in the Vietnam War expended 1.3 rounds of ammunition for each claimed and verified kill, at an average range of six hundred yards, or almost twice the three hundred meters cited above for combat engagements by the average soldier. Some verified kills were at ranges in excess of 1000 yards. This represents discrimination and military efficiency of the highest order, as well as minimization of risk to noncombatants. Utilization of a bullet that increases accuracy, such as the MatchKing, would further diminish the risk to noncombatants.
Conclusion.
The purpose of the 7.62mm "open-tip" MatchKing bullet is to provide maximum accuracy at very long range. Like most 5.56mm and 7.62mm military ball bullets, it may fragment upon striking its target, although the probability of its fragmentation is not as great as some military ball bullets currently in use by some nations. Bullet fragmentation is not a design characteristic, however, nor a purpose for use of the MatchKing by United State Army snipers. Wounds caused by MatchKing ammunition are similar to those caused by a fully jacketed military ball bullet, which is legal under the law of war, when compared at the same ranges and under the same conditions. The military necessity for its use-- its ability to offer maximum accuracy at very long ranges--is complemented by the high degree of discriminate fire it offers in the hands of a trained sniper. It not only meets, but exceeds, the law of war obligations of the United States for use in combat.
This opinion has been coordinated with the Department of State, Army General Counsel, and the Offices of the Judge Advocates General of the Navy and Air Force, who concur with its contents and conclusions.
An opinion that reaches the same conclusion has been issued simultaneously for the Navy and Marine Corps by The Judge Advocate General of the Navy.
Authored by W. Hays Parks, Colonel, USMC,
Chief of the JAG's International Law Branch
FNa1. The M118 bullet is loaded into a 7.62mm (caliber .308) cartridge. In its original loading in the earlier .30-06 cartridge, it was the M72.
FNaa1. While this review is written in the context of the M852 Sierra MatchKing 168-grain "open-tip" bullet and a 180-grain version, the MatchKing bullet (and similar bullets of other manufacturers) is also produced in other bullet weights of 7.62mm rifles (.308, .30-06, or .300 Winchester Magnum).
FNaaa1. For example, 7.62mm bullets manufactured to NATO military specifications and used by the Federal Republic of Germany have a substantially greater tendency to fragment in soft tissue than do the U.S. M80 7.62mm ammunition made to the same specifications, the M118, or the M852 MatchKing. None fragment as quickly or easily upon entry into soft tissue as the 5.56mm ammunition manufactured to NATO standards and issued to its forces by the Government of Sweden. Its early fragmentation leads to far more severe wounds than any bullet manufactured to military specifications and utilized by the U.S. military during the past quarter century (whether the M80 7.62mm, the M16A1, M193 or M16A2 5.56mm) or the opentip MatchKing bullet under consideration.
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