He's in one of two categories. He's either a soldier, or he's a criminal. If he's a soldier, and he's been captured, you hold him as a prisoner of war. If he's a criminal, you give him a trial.
Decide which one he is, and follow through. There's rules in place for handling POWs, and there are rules in place for handling criminals. Determine which he is and treat him accordingly.
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"Never ask a World War II history buff for a 'final solution' to your problem!"
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