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(Note that I don't consider the Bugrom evil -- they are as much Jinnai's victims as anyone else.)
Are you giving the Bugrom the "They were only following orders" defense? That line of reasoning has been claimed by every perpetrator of mass killings from the Nazis, the Japanese, the Serbians, the Tutsi's in Rwanda, Chinese in Tibet and every army general in South America. Let's not forget also that the U.S. Army also conducted massacres (with the enthusiastic approval of the government and civilians) in two instances. I'm talking post-Civil War people, so don't go into an uproar.
The Bugrom are in a state of total war.Co-existence between Bugrom and humans looked dismal at best. When Diva employed Jinnai as her commander-in-chief, she approved and even rewarded him for his "victories". She shares equal blame with him. Since the Bugrom are an insect society closely resembling ants, what she knows, all knows. So, if Doug "sanctions" Jinnai, he's going to have to sanction Diva too. That would have the effect of killing off the Bugrom. So, is Doug willing to commit genocide to stop Jinnai? Is he willing to become judge, jury and executioner to an entire race of beings?
As for legal justification...the Tokyo trials in 1945 for Generals Homma and Yamashita established a legal precedent. The commander is responsible for all acts his soldiers commit in the field, regardless whether he is communication or not. Jinnai is a bright boy. Once Doug tells him that fact, he'll know very quickly his fate.
To make the whole story short..Doug will have to decapitate the entire command structure and kill off the Bugrom in the bargain.
Quite legal too. The United States made a precedent in 1943. The air ambush and assasination of Admiral Yamamoto in the Solomons. We knew when and where he was going to be and the Joint Chiefs of Staff approved the operation. It's success definitely shortened the war in the Pacific.
I had always thought about this. What would you do when you are confronted by a foe that doesn't believe in the Geneva conventions? 17 years later, I still haven't come up with an answer. I just thank the Almighty that I never came across a situation where I had to make that decision.
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Into terror!, Into valour!
Charge ahead! No! Never turn
Yes, it's into the fire we fly
And the devil will burn!
- Scarlett Pimpernell