The Laws of War in the Southern Plains and Custer at Washita in 1868

The debate is charged by the controversy over the Custer statute in his hometown of Monroe, Michigan and allegations that Custer’s actions against Native Americans in the Plains Wars were “war crimes.” The answer to the question of whether Custer’s conduct was a “war crime” depends, as it often does in a historical analysis, on what standards are imposed on the established or even-disputed facts of Custer’s conduct as a soldier and commander almost 150 years ago. This article seeks to analyze the trends in the development of the rules of war during the mid-19th Century, the Civil War, and the Plains Wars and examines Custer’s conduct at Washita under that contemporary lens.