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| Type | Multilateral treaty |
|---|---|
| Signed | 11 December 1868 (1868-12-11) |
| Location | Saint Petersburg,Russia |
TheSaint Petersburg Declaration of 1868 or in fullDeclaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight is an internationaltreaty agreed inSaint Petersburg,Russian Empire,November 29 /December 11, 1868. It succeeded theFirst Geneva Convention of 1864. It was a predecessor of the well-knownHague Conventions of 1899 and 1907.
It was signed by the members of the International Military Commission convened for this purpose in the presence of theImperial Cabinet of Russia.
In 1863, theRussian Army had perfected a fulminatingmusketball that could explode when it hit a hard target and was designed to blow uppowder magazines or ammunition wagons. At the same time several similar projectiles for the same purposes were developed in America, the best one known being theGardiner's Explosive Bullet, and both sides used them in theUS Civil War, inflicting horrible wounds when aimed at people, and that, in turn, caused a public backlash against the weapon.[1] 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 grislyarms race commenced.[citation needed]
Upon the invitation of the Russian diplomat and statesman PrinceAlexander Gorchakov, for the purpose of considering the existingrules of war, a conference of delegates met at Saint Petersburg, Russian Empire, in December 1868.
The nations represented wereAustria-Hungary,Bavaria,Belgium,Denmark,France,United Kingdom (representing theBritish Empire),Greece,Italy, theNetherlands,Persia,Portugal,Prussia and theNorth German Confederation (i.e., Greater Prussia),Russia,Sweden-Norway,Switzerland, theOttoman Empire, andWürttemberg.[2][3] TheUnited States, not considered a major power at the time, was not invited and took no part in the convention.Baden andBrazil 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.
TheGreat Powers agreed to renounce, in case of war among themselves, the use "by their military or naval troops of any projectile of a weight below 400grams (14ouncesavoirdupois), which is either explosive or charged withfulminating orinflammable substances."
While the declaration bans the use of fragmenting, explosive, or incendiarysmall armsammunition, it does not prohibit such ammunition for use inautocannon orartillery rounds.
The influence of this declaration on international humanitarian law were elucidated in the Japanese caseRyuichi Shimoda v. The State (1963):
International law of war is not formulated simply on the basis of humanitarian feelings. It has as its basis both considerations ofmilitary necessity and effectiveness and humanitarian considerations, and is formulated on a balance of these two factors. To illustrate this, an example often cited in the textbooks may be given, of the provisions of the St. Petersburg Declaration of 1868 prohibiting the use of projectiles under 400 grammes which are either explosive or charged with combustible or inflammable substances. The reason for the prohibition is explained as follows: such projectiles are small and just powerful enough to kill or wound only one man, and as an ordinary bullet will do for this purpose, there is no overriding need for using these inhuman weapons. On the other hand, the use of a certain weapon, great as its inhuman result may be, need not be prohibited by international law if it has a great military effect.[4]