At $310 million in 24-hours, Modern Warfare 2’s November launch was the highest grossing in entertainment history. Yet, somehow, I didn’t get around to playing the game until recently. Overall, I was very impressed with Infinity Ward’s attention to detail: Guns and equipment function accurately, use of recognized military tactics is rewarded, and the storyline is fairly realistic. However, I was disappointed to see that full metal jacket rounds are an unlockable perk in the multiplayer mode rather than the default option. Why, after spending so much time ensuring Modern Warfare 2 had a realistic single player mode, did Infinity Ward decide to overlook a well-known provision of the Hague Convention?
Well, like nearly everything involving the laws of war (great name for a sister site), the answer is complicated. You see, an agreement signed at the Hague Peace Conference in 1899 states:
The Contracting Parties agree to abstain from the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core, or is pierced with incisions.
As a result of this provision, most Americans believe that the United States is barred from using hollow or soft point ammunition in the current war on terror–the main subject of Modern Warfare 2. However, this notion is mistaken for several reasons. First, most people fail to take into account the full text of the Hague Convention’s 1899 agreement, which states:
The Contracting Parties agree to abstain from the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core, or is pierced with incisions.
The present Declaration is only binding for the Contracting Powers in the case of a war between two or more of them.
It shall cease to be binding from the time when, in a war between the Contracting Parties, one of the belligerents is joined by a non-Contracting Power.
When considering the full text of the agreement, the main problem becomes readily apparent: The terrorist organizations being engaged in the Modern Warfare series are not Contracting Parties and, therefore, this particular provision is inapplicable. Second, the United States never officially ratified the 1899 agreement and, instead, signed on to the 1907 Hague Convention, which states:
In addition to the prohibitions provided by special Conventions, it is especially forbidden -
To employ arms, projectiles, or material calculated to cause unnecessary suffering;
In most cases, this provision has prevented the U.S. from employing expandable ammunition. However, a 1985 opinion penned by W. Hays Parks, then Chief of the JAG’s International Law Branch, stated:
…expanding point ammunition is legally permissible in counterterrorist operations not involving the engagement of the armed forces of another State.
So, as far as Modern Warfare is concerned, this seems to be where the law stands. Because the units involved in the game are engaged in counter-terrorist operations and not against the armed forces of another State, hollow and soft point ammunition is legally permissible. Who ever said first person shooters aren’t learning tools?
As an additional note, I came across a very interesting study during my research. Two Swiss organizations, Pro Juventute and Track Impunity Always (TRIAL), conducted a study to “raise public awareness among developers and publishers of [video] games, as well as among authorities, educators and the media about virtually committed crimes in computer and videogames.” The study focused on identifying violations of international human rights law in nineteen games, including 24: The Game, Army of Two, Battlefield Bad Company, Call of Duty: Modern Warfare, Call of Duty: World at War, Far Cry 2, Metal Gear Solid 4, and Tom Clancy’s Rainbow 6 Vegas.
Violations included destruction of civilian property, torture (inevitable when Jack Bauer is involved), pillaging, and the use of cluster bombs. While most games contained one or more violations, the study also showed that some titles–Modern Warfare and Rainbow 6 Vegas–actually impose limitations on players that require them to follow international human rights law. You can read the full study, titled Playing by the Rule, here.
The Contracting Parties agree to abstain from the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core, or is pierced with incisions.
The present Declaration is only binding for the Contracting Powers in the case of a war between two or more of them.
