Saint Petersburg Declaration of 1868
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The Saint Petersburg Declaration of 1868 or in full Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight is an international
treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations An international organization or international o ...
agreed in
Saint Petersburg Saint Petersburg ( rus, links=no, Санкт-Петербург, a=Ru-Sankt Peterburg Leningrad Petrograd Piter.ogg, r=Sankt-Peterburg, p=ˈsankt pʲɪtʲɪrˈburk), formerly known as Petrograd (1914–1924) and later Leningrad (1924–1991), i ...
,
Russian Empire The Russian Empire was an empire and the final period of the Russian monarchy from 1721 to 1917, ruling across large parts of Eurasia. It succeeded the Tsardom of Russia following the Treaty of Nystad, which ended the Great Northern War. ...
,
November 29 Events Pre-1600 * 561 – Following the death of King Chlothar I at Compiègne, his four sons, Charibert I, Guntram, Sigebert I and Chilperic I, divide the Frankish Kingdom. * 618 – The Tang dynasty scores a decisive victory over t ...
/
December 11 Events Pre-1600 * 220 – Emperor Xian of Han is forced to abdicate the throne by Cao Cao's son Cao Pi, ending the Han dynasty. * 361 – Julian enters Constantinople as sole Roman Emperor. * 861 – Assassination of the Abbas ...
, 1868. It succeeded the
First Geneva Convention The First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, held on 22 August 1864, is the first of four treaties of the Geneva Conventions. It defines "the basis on which rest the rules of internatio ...
of 1864. It was a predecessor of the well-known
Hague Conventions of 1899 and 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
. It was signed by the members of the International Military Commission convened for this purpose in the presence of the Imperial Cabinet of Russia.


History

In 1863, the
Russian Army The Russian Ground Forces (russian: Сухопутные войска В Sukhoputnyye voyska V, also known as the Russian Army (, ), are the Army, land forces of the Russian Armed Forces. The primary responsibilities of the Russian Gro ...
had perfected a fulminating musketball that could explode when it hit a hard target and was designed to blow up
powder magazines Magazine is the name for an item or place within which ammunition or other explosive material is stored. It is taken originally from the Arabic word "makhāzin" (مخازن), meaning 'storehouses', via Italian and Middle French. The term is als ...
or ammunition wagons. At the same time several similar projectiles for the same purposes were developed in America, the best one known being the Gardiner's Explosive Bullet, and both sides used them in the
US Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, inflicting horrible wounds when aimed at people, and that, in turn, caused a public backlash against the weapon. In 1867, Russians perfected an improved explosive musketball that would detonate on any impact after being fired, even soft targets like people or animals. Predicting the disastrous effect of such a discovery on diplomatic relations with their neighbors, Russia decided to negotiate a ban on the development, creation, and use of such weapons before a grisly
arms race An arms race occurs when two or more groups compete in military superiority. It consists of a competition between two or more states to have superior armed forces; a competition concerning production of weapons, the growth of a military, and t ...
commenced. Upon the invitation of the Russian diplomat and statesman Prince
Alexander Gorchakov Prince Alexander Mikhailovich Gorchakov (Russian: Алекса́ндр Миха́йлович Горчако́в; 15 July 179811 March 1883) was a Russian diplomat and statesman from the Gorchakov princely family. He has an enduring reputation as ...
, for the purpose of considering the existing
rules of war The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
, a conference of delegates met at Saint Petersburg, Russian Empire, in December 1868. The nations represented were
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,
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,
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,
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Danish Realm, Kingdom of Denmark ...
,
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,
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(representing the
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),
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,
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, the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
,
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,
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,
Prussia Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an em ...
and the
North German Confederation The North German Confederation (german: Norddeutscher Bund) was initially a German military alliance established in August 1866 under the leadership of the Kingdom of Prussia, which was transformed in the subsequent year into a confederated st ...
(i.e., Greater Prussia),
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,
Sweden-Norway Sweden and Norway or Sweden–Norway ( sv, Svensk-norska unionen; no, Den svensk-norske union(en)), officially the United Kingdoms of Sweden and Norway, and known as the United Kingdoms, was a personal union of the separate kingdoms of Sweden ...
,
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, the
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, and
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.Gasser, Hans-Peter. ''A look at the Declaration of St.Petersburg of 1868'', International Review of the Red Cross, Volume 33, Issue 297 (December, 1993), p512, note 4.
/ref> The
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, not considered a major power at the time, was not invited and took no part in the convention.
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and
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
ratified the agreement in 1869. The delegates affirmed that the only legitimate object of war should be to weaken the military force of the enemy, which could be sufficiently accomplished by the employment of highly destructive weapons. With that fact established, the delegates agreed to prohibit the use of less deadly explosives that might merely injure the combatants and thereby create prolonged suffering of such combatants. The
Great Powers A great power is a sovereign state that is recognized as having the ability and expertise to exert its influence on a global scale. Great powers characteristically possess military and economic strength, as well as diplomatic and soft power in ...
agreed to renounce, in case of war among themselves, the use "by their military or naval troops of any projectile of a weight below 400
gram The gram (originally gramme; SI unit symbol g) is a Physical unit, unit of mass in the International System of Units (SI) equal to one one thousandth of a kilogram. Originally defined as of 1795 as "the absolute weight of a volume of pure wate ...
s (14
ounce The ounce () is any of several different units of mass, weight or volume and is derived almost unchanged from the , an Ancient Roman units of measurement, Ancient Roman unit of measurement. The #International avoirdupois ounce, avoirdupois ounce ...
s
avoirdupois The avoirdupois system (; abbreviated avdp.) is a measurement system of weights that uses pounds and ounces as units. It was first commonly used in the 13th century AD and was updated in 1959. In 1959, by international agreement, the definiti ...
), which is either explosive or charged with fulminating or
inflammable A combustible material is something that can burn (i.e., ''combust'') in air. A combustible material is flammable if it ignites easily at ambient temperatures. In other words, a combustible material ignites with some effort and a flammable mat ...
substances." While the declaration bans the use of fragmenting, explosive, or incendiary
small arms A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes c ...
ammunition Ammunition (informally ammo) is the material fired, scattered, dropped, or detonated from any weapon or weapon system. Ammunition is both expendable weapons (e.g., bombs, missiles, grenades, land mines) and the component parts of other weap ...
, it does not prohibit such ammunition for use in
autocannon An autocannon, automatic cannon or machine cannon is a fully automatic gun that is capable of rapid-firing large-caliber ( or more) armour-piercing, explosive or incendiary shells, as opposed to the smaller-caliber kinetic projectiles (bull ...
or
artillery Artillery is a class of heavy military ranged weapons that launch munitions far beyond the range and power of infantry firearms. Early artillery development focused on the ability to breach defensive walls and fortifications during siege ...
rounds. The influence of this declaration on international humanitarian law were elucidated in the Japanese case ''
Ryuichi Shimoda et al. v. The State ''Ryuichi Shimoda et al. v. The State'' was an unsuccessful case brought before the Tokyo District Court, District Court of Tokyo by a group of five survivors of the atomic attacks on Hiroshima and Nagasaki, who claimed the action was illegal under ...
'' (1963):


Notes

*Ammunition for
anti-materiel rifle An anti-materiel rifle (AMR) is a rifle designed for use against military equipment, structures, and other hardware (materiel). Anti-materiel rifles are chambered in significantly larger calibers than conventional rifles and are employed to elimin ...
s and heavy machine-guns with a bore of about 12.7 mm to 14.5 mm in diameter straddle the definition between small arms and heavy weapons. Large-bore rifles using high-explosive or incendiary rounds run the risk of violating the Declaration despite the legal use (as specified in the
Hague Conventions of 1899 and 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
) of such special munitions in heavy machineguns and autocannons. The discussion of their legality often revolves around the weight limitation and whether it applies to the weight of the bullet itself or to the entire fixed cartridge. *The distinction between "explosive" and "fulminating" bullets is academic but important. **An "explosive" bullet contains an explosive filler that detonates on impact. **A "fulminating" bullet contains a small unstable
high explosive An explosive (or explosive material) is a reactive substance that contains a great amount of potential energy that can produce an explosion if released suddenly, usually accompanied by the production of light, heat, sound, and pressure. An exp ...
charge and is designed to shatter into fragments after impact or inside the wound. They also have the added potential of detonating when jarred or while being removed, complicating first aid or surgery. *The Declaration bans such munitions during wars only among the co-signatory European and Eurasian nations. It notably leaves out instances of war with non-signatory nations, conflicts with undeveloped nations, or military operations in their own colonies and possessions.


References


External links


Saint Petersburg Declaration of 1868
at
International Committee of the Red Cross The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
website.
WWI Document Archive: Conventions and Treaties
*
WWI Document Archive > Saint Petersburg Declaration Renouncing the Use, in Time of War, of Certain Explosive Projectiles
{{International Criminal Law International humanitarian law treaties 1868 in military history 1868 treaties 1868 in the Russian Empire Treaties of Austria-Hungary Treaties of the Grand Duchy of Baden Treaties of the Kingdom of Bavaria Treaties of Belgium Treaties of the Empire of Brazil Treaties of Denmark Treaties of Estonia Treaties of the Second French Empire Treaties of the Kingdom of Greece Treaties of the Netherlands Treaties of the Kingdom of Italy (1861–1946) Treaties of the Qajar dynasty Treaties of the Kingdom of Portugal Treaties of the Kingdom of Prussia Treaties of the North German Confederation Treaties of the Russian Empire Treaties of the United Kingdoms of Sweden and Norway Treaties of Switzerland Treaties of the Ottoman Empire Treaties of the United Kingdom (1801–1922) Treaties of the Kingdom of Württemberg