I can appreciate what you're saying, but maybe look at it like this:
After all of the schools, hospitals and churches have been bombed, the locals have had enough and decide to surrender.
As with all conflicts, there are always some "die-hards" that will fight to the last man. These type have to be rooted out and dealt with in a more hazardous manner.
You may wish to retract that wish for a war crimes ability. I think they'd use a lot of rope on guys like us.
<S> Melvin