[DrewDevil]

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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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Disagree with both of those assertions, and even if you were right, failing to surrender is never going to be grounds for calling someone a war criminal.

And your post is inflammatory, can't you see that?