Interesting techinical legal question. Given the recent reparation legislation to correct the past actions of the persons acting under governmental authority as in the case of the Native Americans and the Japanese Americans during WW II, I would say that the Union soldiers would NOT be exempted.

What you are saying is that it may be possible that southerners could try, lets say, William T Sherman for example. And if found guilty of war crimes, we could then sue the federal Government for restitution for damages like the native Americans did a few years back, and like they are doing in Iraq. There are more than enough examples documented in the OR's themselves. For example the Fire bombing of civilians in Vicksburg and Charleston. The Immortal 600 is another example.

What we need is a victum to prosecute the crime, and then we could file a class action lawsuit.

Huummmmmmmm,