Both of those would be considered international war crimes.I believe many in the US Military would refuse to Bomb and kill civilians...Of course Hegseth and trump wouldn't care
Those aren't war crimes.
Not surrendering when you should is indeed a crime. Didn't you know that? Iran at some point has a legal obligation to surrender. This is especially true for Hamas at this point.
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1. The Legal Reality of "Hopeless" Local Resistance
While a national government cannot easily be prosecuted under international law simply for refusing to sign a peace treaty,
individual military commanders face explicit legal boundaries regarding hopeless resistance.
If a specific military unit or garrison is completely surrounded, out of ammunition, and has no tactical possibility of victory or escape, a commander who orders their troops to "fight to the last man" can be found in violation of the
Law of Armed Conflict (LOAC):
- The Principle of Military Necessity: Under international humanitarian law, force is only legally justified if it offers a concrete, distinct military advantage. Once a tactical situation becomes entirely hopeless, inflicting or suffering further casualties yields no military advantage.
- Unnecessary Suffering / Humanity: Commanders have a legal duty to minimize unnecessary suffering. Ordering completely futile resistance—knowing it will result only in the slaughter of their own troops or nearby civilians without altering the conflict's outcome—violates the foundational requirement of humanity in warfare.
2. When a Nation "Keeps Fighting" Through Devastating Means
If a national government or army keeps fighting when it has effectively lost, it almost always crosses into illegality due to the methods required to sustain a hopeless war:
- Total Mobilization and Human Shields: When a regular army collapses, regimes sometimes forcibly weaponize their civilian population (e.g., forcing children or untrained elderly citizens into combat, or blending military assets into highly populated civilian areas). Under the Geneva Conventions, this constitutes the war crime of using human shields or failing to protect the civilian population from the effects of attacks.
- The Legal Trap of Desperation: Historically, an army facing total defeat often abandons the laws of war to survive. The moment an army resorts to illegal tactics—such as faking surrenders (perfidy), targeting civilians to force a stalemate, or executing prisoners because they lack the resources to hold them—they are actively violating the law.
3. The Distinction: Just War Theory vs. Hard Law
Your point aligns heavily with
Just War Theory (Jus post Bellum / Jus ad Bellum), which underpins modern legal philosophy. It argues that a war is only just if it has a
reasonable hope of success.
While the UN Charter protects a nation's absolute right to self-defense, real-world application shows that when an army or nation "keeps fighting when it shouldn't," it rapidly crosses the line from legitimate defense into criminal negligence of its own people and war crimes against the enemy.
Are you looking at a specific context—such as a
commander's criminal liability for sacrificing their own troops, or a historical event where a state was heavily criticized for failing to surrender sooner?