I don't even understand your complaint. I'm literally saying both victors and the defeated can commit war crimes. As for how war crimes actually exist, read my exchange with Beefy Belisarius in this thread. I quoted from Clausewitz who goes over the concept quite quickly and simply.
That being said, I also agree with The Fat Electrician in that "It's not a war crime the first time".
I don't even understand your complaint. I'm literally saying both victors and the defeated can commit war crimes. As for how war crimes actually exist, read my exchange with Beefy Belisarius in this thread. I quoted from Clausewitz who goes over the concept quite quickly and simply.
That being said, I also agree with The Fat Electrician in that "It's not a war crime the first time".