No law can exist in such a circumstance. There is no rule we won't break to keep from getting killed, to keep from losing.
If China invaded the US tonight, and us on the ropes, and our option was, lose and be Chinese, or engage in war crimes, illegal acts, like bio and chem warfare...guess which path we would take?
I repeat...no law can exist or apply to a lawless act. We're already engaged in depriving people of that which is considered most precious...their right to live.
"Half full or half empty doesn't matter. What matters is, you've only got half a glass...so what are you going to do about it?" - Me
Point is the 'win or die' scenario you posit is over. We won, the guy is now captured. Sorry, you're not allowed to summarily execute POWs. Maybe its your opinion that you think they should or should be able to. Whatever, I don't know what to tell you, in point of fact I am accurate describing the law. I'm sorry that you find it inconvenient.
The American soldier in WW2 was much more disciplined in that regard when compared with soldiers of other countries. However, to say that race wasn't a factor in there being more atrocities against the Japanese would also be wrong. Propaganda against the Nazis was dehumanizing in an ideological boogieman kind of way, whereas propaganda against the Japanese included blatantly racial tones.
Should an American soldier of WW2 face criminal charges for allegedly murdering a Japanese soldier in the heat of combat? Perhaps to a degree, but the heat of combat should be taken into account and not equated to Nazi death camps.
What the hell is the matter with people ??
Such a close vote , thus far.....
NOT NO ..... BUT HELL NO !!!!!!!!!
War itself is a crime upon the people.....so its war that should be tried , not the combatants.