Should the accused have been considered the legitimate belligerents of a sovereign nation rather than common criminals?
The use of force by individuals in a declared war between sovereign nations is generally not subject to the same treatment as would similar acts of assault or murder committed by individuals under different circumstances. Captured enemy soldiers are treated as legitimate belligerents and held as prisoners of war until hostilities cease and they are released. This special treatment does not, of course, cover all acts of violence committed by the enemy. Torture, rape, and the killing of unarmed civilians, for example, are considered violations of the laws of war and subject to punishment. Moreover, individuals who are foreign citizens and kill or plunder without authorization by their sovereign are also considered subject to punishment. Were the Dakota a sovereign people capable of declaring war on the United States? The Dakota community clearly thought itself to be sovereign. It had its own governing structure and dealt with the United States through its own designated leaders. Although
