Good points.I don't see how anyone honestly and objectively could examine Fort Pillow and Washita, and not conclude Washita more deservedly earns the title massacre.....and hence war crime.
First of all they didn't bother to see if it was even the right bands village.....it wasn't. Then most accounts admit indiscriminate killing of women and children. They also take women and children hostage as human shields........And while at Fort Pillow well over 1/2 were taken prisoner.......at Washita they executed all the wounded men captured .....
Custer had no clue who had been killed in fact after the battle he had to interview his officers to find out how many Indians had died a total of 103 was given although Indian accounts say only around 20 warriors and around 20 women and Children.
Custer attacked the Village on the advice of his Osage scouts who told him that a War party trail of some 200 Cheyenne the ones responsible for over 150 white deaths led to the village.
As for the Human shield policy Custer wrote that the Indian warriors would not fight if their family members were in danger therefore avoiding useless bloodshed and bring about a peaceful resolution but of course this is debateable.
The Osage scouts took no part in the battle but did arrive right after it had took place to take scalps , The Osage were enemies of the Lakota and Cheyenne and it is not mentioned their role afterwards.
I think its right to compare Pillow and Washita both commanders came under scrutiny for the actions of their troops , Both suffered very light losses compared to those inflicted but we will never know if both commanders were complicit in what happened.