Assuming that the sub commander knew that, you're right. However, only the defeated get charged with war crimes.
Unless your CIC is also the Enemy, then...
Clint Lorance is a former first lieutenant in the U.S. Army who was found guilty of two counts of second-degree murder in 2013 for ordering soldiers in his unit in Afghanistan to open fire on three men on a motorcycle who were approaching his patrol. His sentence includes 20 years in prison, forfeiture of all pay and dismissal from the U.S. Army.[1]