True, but then Burnham had terrible judgement regarding the Klingons from the start. She kills their anointed warrior, targets their ceremonial warship, and despite these moments thinks that they need to launch an unprovoked attack on said ship in order to demonstrate that Starfleet aren't a bunch of pansies.
- Kills Torchbearer: accidental, after being attacked, nothing involving judgement on her part.
- Targets ceremonial warship: didn't know it was ceremonial, wasn't a warship, got exactly the response expected - good judgement.
- Unprovoked attack: could be argued that "unremitting hostillities", terror attacks on Federation outposts, and invasion of Federation space and apparent intentional destruction of the relay satellite for the purpose of a lure make this not unprovoked, plus I think it could have worked, provided T'Kuvma was killed and thus unable to rally the Klingons to war - good judgement but poor execution via attempted mutiny.
No episode of ENT Season 2 was or remains as bad as "Threshold." None of them.
Alright, I can't back that up.
+
Dear Doctor remains the nadir of the series because it's such a repulsive moral and also brought about by executive meddling.
I concur totally. I just can't get past the lampshading of the non-existant prime directive, the total nonsense depiction of "evolution" in the episode, and making Archer (our supposed hero lead character) to be total wimp and contributor to global, near total mass death. It's worse in some ways (largely the character assassination via complicity in global death) than Threshold which just had a terrible story structure, total broke the Trek universe (through a viable infinite warp travel that just requires a quick DNA restoration), and nonsensical science.
...Similarly, the entire Article IV is literally "relative to the Protection of Civilian Persons in Time of War" and the full quoted section goes like this:...
This is the argument that decides it for me. The rules of war (for the consideration of war crimes) have a context and a period/place where they apply. A booby trap on a body is not a war crime under this known protocol in this situation. Yeah, there are superficial elements (dead body, "booby trapping") but not the appropriate context - non-military target with the potential for civilian impacts.
Other thoughts:
As a hypothetical, if the rules against the use of chemical and biological warfare were similarly described as for the protection of civilians or other non-combatants (and I don't know if they are or not, but I think that is part of the reason - other reasons probably include the potential to grievously and permanently maim, but not kill, enemy soldiers. But then again other non-prohibited weapons of war from guns, bombs, and others have the same potential) and our hero was alone on board a ship with his opponent (think TNG's "Starship Mine") would our hero be liable for war crimes if they used a 100% lethal chemical or biological agent to instantly kill the enemy on the otherwise empty and isolated ship?
Side note: I recall the Varon-T disruptor was apparently banned due to its painful nature and "long" kill time, so the suffering of the opponent is apparently a consideration for the Federation.