Re: Should Robert E. Lee be considered a war criminal?
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I don't think "continuing to fight even though the war is lost" qualifies as a war crime.
Plus, by this standard every losing general in every war would be a war criminal unless he surrended the moment he felt his side would lose.
WTF?
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That was not a premise of the question. This situation is unusual and cannot apply to most military situations.
Lee was in a unique position to act upon his assessment of the war and end it. He was the one person who could have pursuaded the South to stop fighting.
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