The architects of Indian policy were never charged, because crimes against humanity and genocide did not yet exist in law. The episode runs the record against Nuremberg, the 1948 Genocide Convention and the Rome Statute, element by element, hearing the defense first. It examines Removal, Sand Creek, the Dakota executions, California's killings and the boarding schools, without delivering a verdict.
Scholars debate whether genocide, ethnic cleansing or settler colonialism best describes the record, and the retroactivity objection is a genuine principle. Most deaths came from disease, which is not a crime, and boarding school and California figures are documented minimums or estimates.



