Well, if they end up stuck in an alternate universe or something, it may be a sort of Voyager-like situation where the point becomes moot.

The point might become moot legally, but not practically. No sane leader willingly gives responsibility to anyone with a proven track record of unnecessarily causing loss of life. You can talk about situational expediency as much as you like. Someone who is capable of going to that extreme against the enemy, is capable of doing it to anyone.

It isn't about moral or legal abstractions of the kind that people can comfortably have theoretical arguments about. It's about raw, physical consequences. Putting someone like Burnham in a position of authority will reliably get people killed.