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redredred How would it be murder? What court would have charged them if they had won?
Sorry, but words don't mean whatever you want them to mean. It would still have been unjustifiable killing of innocent people regardless of whether it was legal or not or if they had won or not, but not "murder." Otherwise the word only means "killing that redredred disapproves of."
Just curious, when children are killed in warfare, should we prosecute the soldiers for murder when they return home? You said that "taking a totally innocent human life is ALWAYS murder," so surely you wouldn't make an exception just because the kid lived in a country that your country was at war with.
And I'm tired of people saying fetuses are "innocent." No, they're not capable of forming criminal intent, but if they're causing harm to the mother by their presence, she can use deadly force to remove them. It doesn't matter if the harm isn't intentional. Remember when John Hinckley shot Reagan because he thought he was protecting the Jodie Foster character in "Taxi Driver." If the Secret Service had killed him, that would not have resulted in a murder charge just because Hinckley didn't know what he was doing. He was found not guilty by reason of insanity, and after several years in a mental hospital, he was released with no criminal charges filed. And he shot the president.