Something to consider:
In iraq, 2006 timeframe a JAG officer ordered the removal of all "hollow point" projectiles snipers were using , in accordance with geneva convention/ LOAC.
These were the M118LR , 175 gn SMK in 308 Win. The SMK is "similar" to a berger in design.
Now before everyone smashs me, this isn't proof that the berger performs the same way because they are differnt projectiles. Below is what has been officially released in regards to the SMK Open Tip Match:
As previously described, the MatchKing is a boat tail, ogival spitzer tip bullet with open tip. The "open tip" is a shallow aperture (approximately the diameter of the wire in a standard size straight pin or paper clip) in the nose of the bullet. While sometimes described as a "hollow point," this is a mischaracterization in law of war terms. Generally a "hollow point" bullet is thought of in terms of its ability to expand on impact with soft tissue. Physical examination of the MatchKing "open tip" bullet reveals that its opening is extremely small in comparison to the aperture in comparable hollow point hunting bullets; for example, the 165-grain GameKing is a true hollow point boat tail bullet with an aperture substantially greater than the MatchKing, and skiving (serrations cut into the jacket) to insure expansion. In the MatchKing, the open tip is closed as much as possible to provide better aerodynamics, and contains no skiving. The lead core of the MatchKing bullet is entirely covered by the bullet jacket. While the GameKing bullet is designed to bring the ballistic advantages of a match bullet to long range hunting, the manufacturer expressly recommends against the use of the MatchKing for hunting game of any size because it does not have the expansion characteristics of a hunting bullet.
The purpose of the small, shallow aperture in the MatchKing is to provide a bullet design offering maximum accuracy at very long ranges, rolling the jacket of the bullet around its core from base to tip; standard military bullets and other match bullets roll the jacket around its core from tip to base, leaving an exposed lead core at its base.
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.