Now, to be a “war crime” you have to meet certain tests, just as the majority of deaths in combat should not be treated as murder, however tragic.
Most of the tests are contained in the various Geneva conventions – dealing with treatment of the injured, Prisoners of War, and civilians (and their property) in the war zone. Under the relevant UK law, Section 50 of the International Criminal Court Act 2001, you are referred to the Article 8.2 of the Statute of International Criminal Court.
Reading this, it seems clear that there is no way attacking, or ordering the attack on, a warship of a hostile power which represented a clear (although not immediate) danger to your operations, however great (and tragic) the loss of life is can be a war crime.
For it to be a War Crime, under the ICC Statute, you would have to establish that the persons involved were not acting in accordance with lawful ROE or within the Geneva Conventions, Furthermore, it would appear to be extremely difficult to convict of a War Crime the “Commander in Chief”, or in Maggie’s case, political leader, who caused those ROE to be set even if, as it clearly didn’t here, one or more persons following those ROE could be charged with War Crimes.
Creating and following unlawful ROE that contradicted the Geneva Conventions could be chargeable as a War Crime and, for the political leadership, there is also the different definitions of “Crimes against Humanity”, in the same statutes.
However, given again, the relevant situation: the killing of serving military personnel, who had neither surrendered or indicated a desire to surrender, as a consequence of the destruction of the military asset in which they were travelling, cannot possibly fit any category of potential transgression – even more so given the fact that military operations had taken place in the conflict -shots had already been fired, a hostile military force had invaded and used force of arms against sovereign troops and territory.
So, TJ, Fred, and others, you may not like what was done during the war but, please, if you are going to throw around the allegations of “war criminal”, please justify it with reference to the current statutes, or to those that applied in 1982 , rather than merely restating or referring to the hyperbole and ranting of Tam Dalyell and old copies of Socialist Worker