Yes. If Americans haven't proved they're generally racist and Nationalistic, I don't know what else it would take.
It sounds like you're trying to make a gotcha, but it's quite fair to say a member of the military who murders Venezuelans at whim may still balk if ordered to kill white American.
This has not been adjudicated by anyone. You can say "the US doesn't consider it to be an illegal order". Maybe there is some JAG letter somewhere that says helicopters are not required to accept surrender. But there is nothing that precludes trying everyone involved for war crimes.