Soldiers shooting at civilians is a war crime. It does not matter what the intentions of the soldiers are. It doesn’t even matter if the civilians are also armed up until the point they display violent intent according to a common person standard. Shooting at a crowd is a crime.
That said the soldiers pulling the trigger are committing crimes. These are patently illegal actions to a common person standard which eliminates any defense of following military orders. That being said the soldiers, at least, are committing crimes. Accountability starts at the source of the crime.
If the government is ordering these actions then those are illegal orders, according to international standards of military conduct. The soldiers on the ground must ignore those orders on the basis of patently illegal conduct according to a common person standard and the officials facilitating those orders can be investigated for issuing war crimes.
NATO was conducting defensive operations against Yugoslavia around that time. It isn't clear that war crimes can be committed so easily by US allies. It'd be nice if they can be recognised though.
I think you have a fundamental misunderstanding here. War crimes are not judged by what a diligent investigation after the fact might find. It hinges on the information and judgement by those acting in the moment. You are a soldier told these armed people a click out are the insurgent group you are fighting? Of course you can engage them. And there is a similar lenient standard applied to whoever got that information in the first place. War by any other standard of course would be entirely unworkable.
That is not correct. If you are a uninformed soldier operating in a designated combat area here are the scenarios:
* Patently illegal conduct, according to common person principle, is always illegal. There are no legal exceptions.
* If you are fired upon you must return fire. Uniformed militaries are obligated to defend themselves. There are no exceptions to this, except the prior point. When these two points are in conflict the prior point always wins.
* Uniformed service members are required, by law, to follow orders given to them except for the prior two points.
That is the law. It does not matter what specific scenario finds tenable or practical, because combat is inherently challenging. In most cases this is highly impractical, which is why urban warfare is so challenging.
That said the soldiers pulling the trigger are committing crimes. These are patently illegal actions to a common person standard which eliminates any defense of following military orders. That being said the soldiers, at least, are committing crimes. Accountability starts at the source of the crime.
If the government is ordering these actions then those are illegal orders, according to international standards of military conduct. The soldiers on the ground must ignore those orders on the basis of patently illegal conduct according to a common person standard and the officials facilitating those orders can be investigated for issuing war crimes.
As an example read about Slobodan Milošević
https://en.m.wikipedia.org/wiki/Slobodan_Milo%C5%A1evi%C4%87