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the wounding effect upon the target of such bullets, as reflected in customary internationallaw.” 85 Thus, this crime only applies to expanding bullets that are also calculated to causesuperfluous injury and does not create or reflect a prohibition against expanding bullets assuch. 866.5.4.6 Suppressors (Silencers). A suppressor or silencer is a device that isintended to reduce or disguise the sound of a firearm’s discharge without affecting its ability tofire. There is no law of war prohibition on the use of a suppressor, and silenced weapons havebeen a part of the inventory of military forces and law enforcement agencies in many States,including the United States. 876.5.4.7 Anti-Personnel Use of Larger (e.g., .50) Caliber Guns or Cannons. Thelaw of war does not prohibit the use of .50 caliber machineguns or other large-caliber gunsagainst enemy personnel. 88 Such use has been widespread and long-standing. 89Similarly, cannons and other artillery (e.g., the M242 25mm Bushmaster in the BradleyFighting Vehicle or the 30mm GAU-8 in the A-10 aircraft) have often been used during armedconflict against enemy material and may also be used against enemy combatants. Although useagainst individual enemy combatants may not necessarily reflect the most efficient use ofresources, such use is not prohibited by the law of war.85 Resolution RC/Res. 5, First ICC Review Conference: Resolutions and Declarations, 49 INTERNATIONAL LEGALMATERIALS 1328, 1333 (2010) (emphasis added).86 Refer to § 6.6 (Weapons Calculated to Cause Superfluous Injury).87 W. Hays Parks, Special Assistant for Law of War Matters, Office of the Judge Advocate General, U.S. Army,Memorandum re: Legality of Silencers/Suppressors 3 (Jun. 9, 1995) (“Today, silenced weapons are a standard partof the inventory of military forces and law enforcement agencies throughout the world. For example, the Hecklerand Koch MP5SD, an integrally suppressed 9x19mm Parabellum submachinegun, is in use by law enforcement andmilitary forces in more than forty nations; in the United States, local, state and federal law enforcement agencies andeach of the four armed services are equipped with the MP5SD. The H&K MP5SD was employed by U.S. Army,Navy and Marine Corps units during the 1991 liberation of Kuwait.”).88 U.S. Army, Office of the Judge Advocate General, International Law Division, Opinion DAJA-IA 1986/8044,Use of the .50-Caliber Machinegun, Nov. 21, 1986, reprinted in THE ARMY LAWYER 36, 37 (Apr. 1987)(“Employment of the .50 caliber machinegun or other .50 caliber weapons against enemy personnel does not violatethe law of war.”).89 U.S. Army, Office of the Judge Advocate General, International Law Division, Opinion DAJA-IA 1986/8044,Use of the .50-Caliber Machinegun, Nov. 21, 1986, reprinted in THE ARMY LAWYER 36 (Apr. 1987) (“Largercaliberweapons have remained in the inventories of virtually every nation. For example, the Soviet Union mountsthe NSV .50 caliber machinegun on its tanks; it can be removed and employed on a tripod in a ground mode.Nations generally employ .50-caliber machineguns as antiaircraft, antimaterial, and antipersonnel weapons. Onoccasion, they have been employed specifically as long-range sniper weapons. The Soviet PTRD was a 14.5mm(.58 caliber) bolt-action, single-shot antitank weapon employed during World War II; because of its long-rangeaccuracy, it was frequently employed as a sniper weapon against German troops. Similarly, the BrowningMachinegun Caliber .50 HB, M2 currently in use by U.S. forces, was employed as a single-shot sniper rifle duringthe Vietnam War.”).326

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