TM7, sorry, I had thought I posted a response from my mobile, but guess it didn't send. Yeah, the Nuremberg principles are interesting, but as you know their applicability and jurisdiction is most often the point of debate, rather than their philosophical value. I tend to stay within the Jus Ad/En Bellum conversations within the US. To whit ... in an article about Fallon (which I would happily send you), the author characterizes Petraeus as a "pleaser" who was very early on identified by the neocons as preferable to Fallon, who had a tendency to speak his mind. Of course Fallon actually was well respected (even liked) by Arab leadership, and was probably mainly if not chiefly responsible for much goodwill that existed between the US and Arab sovereignties (some, not all) prior to and in the early days of the "war on terror." But his contrarian voice was not well received and he was ousted, and his memory cast in shadow. Why? Well because he knew his business, IMO. Petraeus comes along and not only does he live to please, he is philosophically aligned to whichever administration serves his purpose, and ... to your Nuremberg discussion ... not a strong student of Jus En Bellum (the "right" conduct of war) which also lends itself well to the current administration.
US Military Science/Doctrine has traditionally held that there are 2 ethical conversations that occur relative to war: 1) Is the war Just? Right motive, right justification, right cause ... etc. It is the job of the elected Government as representatives of the people to determine if declaring war in particular is right. This is called Jus Ad Bellum, which you may already know. This is not the a priori discussion of whether war in and of itself is just ... which is the question of crimogening warring against peace. The US has accepted that war is necessary some times, but traditionally we go to great pains to ensure its not entered into lightly.
The 2nd ethical conversation is: 2) How do we wage war "justly" or "rightly", in keeping with the morals of our nation? This is the job of the military to implement and enforce within its ranks. And it covers the questions usually brought up in war crimes trials (Nuremberg), discussions about torture, and the treatment of prisoners, detainee status, etc. In the most recent case of the Seal who was found not guilty, that's an example of the military enforcng Jus En Bellum. I've been party to several such investigations as ethical advisor to the battlefield commander. This is where we keep our honor clean.
The problem with the current and previous administrations, probably starting with Clinton as I observed Bush Sr. to be the last of a kind in this regard, is that they blurred the 2 conversations together. Which is why you have a couple of really dumb ideas floating around today. One example, Bush should be tried for war crimes because the war on terror is unjust. This is trying him for a violation of Jus En Bellum, when what he was involved in was Jus Ad Bellum - two different things. An example from the other end of thr spectrum is that once a war has been declared to be just, then any means necessary to win is okay because the war itself is just. This is fallacious thinking; Jus Ad Bellum does not automatically mean Jus En Bellum occurs. No moral person would agree that a nuclear response to China's sinking of an American fishing boat would be equitable or reasonable. Petraeus' leadership seems characterized by a lack of ethical dialogue, the higher philosophical discussion that serves as a check and balance in the translation of national policy into military strategy, and I think this fits well into his desire to please. I do not think him immoral, but amoral, and that is someone who very likely would commit crimogenic warring against peace were he president.
I appreciate you taking it to a philosophical conversation as that is what is sorely lacking these days. Both sides of the political spectrum have descended to barbarism ... might makes right, or win at any cost ... so what is won may not actually be worth defending. Personally, a moral nation is worth dying for, not an immoral one.