> case seems pretty clear, especially since the soldiers tried

Even if the 'soldiers' didn't, it wouldn't have mattered as the governing apparatus usually goes out of its way to protect their own militants.

Ex A:

  Detainees executed, unarmed civilians killed in their sleep, a child, handcuffed and shot, all covered up by the chain of command – this is the testimony of more than 30 eyewitnesses, former members of UK Special Forces ... Panorama – Special Forces: I Saw War Crimes ... reported a series of cold-blooded murders by UK military personnel in Iraq and Afghanistan over a period of ten years, followed by years of official cover-up.

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