Miguel, from reading your post, it seems a hang up is about the use of tactics and weapons that will result in civilian deaths. The question you seem to hold supreme is whether bombs can be used in warfare against any built up position. There might be some agrement modern armies exist and are as affective as the strength of their logistical and material support and that means the civilian populations supporting them. This means there will always be civilians around legitimate military targets. And if your only criteria for invoking CCC 2314 is civilians dieing then any bombardment must be a war crime. Including Sherman’s bombardment of Atlanta and Grants bombardment of Vicksburg.
For myself and my two cents worth I think Wolseley has it mostly right. Because the one thing the CCC doesn’t take into consideration is that modern governments authorize the legitimate; that is legal killing of other human beings. Normally, that type of warfare is going to be conducted by uniformed military personnel but now the latest vogue is gorilla and insurgent warriors . Civilians for the most part are only applauding the military and throwing food, clothing, munitions, and everything else the military needs to execute its job of killing the approved targets. So, under such a sociological construct of a military, killing at the orders of civilians, being supplied and funded by civilians, is there any such thing as innocent civilians; especially in the cultural and ethnic circumstances of WWII? Remember, the Japanese were as much, if not more, a racist culture then the US at the time. And their children were being trained in school how to assault the American soldiers with bamboo spears.
IMHO the CCC 2314 reads as if the world was still a feudal organization with distinct classes and clearly identifiable roles. But the world isn’t that clearly divided any more.
Sherman still has it right, “War is hell , it is all hell… you can not refine it.”