Earlier quoted context omitted.
A lot of people are uncomfortable with the concept that the best possible outcome should be considered a crime. (And I'm not limiting this to the circumstances under discussion -- I'm talking about the view that, no matter what situation you're in, there should be a way out that isn't a crime. Such people will, for example, object violently if somewhat incoherently to the fact that, under Qing Chinese law, a man orde…
Note that people who object to committing war crimes are not a kind of legalistic automata that require following the letter of the law no matter what. We do not always decide something is a crime because there's a law that says so. For example, the Holocaust would have been a crime even if the powers at the time had decided that it wasn't. Complicated Chinese (and Japanese) laws about legal and familiar duty are rea…
Yes, this viewpoint is more or less the opposite of the viewpoint I describe above, and it is also common. But so is the other one.