Um... yeah.
But under the Nuremberg laws, simply starting a war under false pretenses is a War Crime, so every US military action since WWII was technically a War Crime, before the first shot was fired. On whether additional atrocities were and are technically War Crimes you are right.
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How was Korea started under false premises?
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Good question. That one was more honest than most, but I see the whole Cold War as fundamentally dishonest.
Having the war still going may not be a crime, but it is sloppy imperialism.
Realistically Korea was the path invaders took to Beijing in the past, so it's vital to them they control it.
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