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death in war is not murder in peacetimeor even justifiable homicide (police killings). otherwise all the deaths of the innocent would be negligent homicide.
We're not talking about people accidentally killed by a bomb dropped from 35,000 feet or artillery shot from a mile away.
We're talking about people who are already safely in our custody, detained and helpless. We have responsibility for their well-being under every precept of international law and when they die in our custody because of things we do to them, those are war crimes and murders.
We've said that ourselves many times over the last number of decades.