I meant after they lost. Certainly American Indians did not recognize or follow whatever rules of war were generally agreed upon by Europeans at the time (nor did the europeans or generally the US in fighting american indians), but you had real light cavalry battles/war in contested, generally sparsely populated areas, that sort of rolled through the frontier areas in the southeast and the west and when they were done, you barely had any sporadic violence afterwards. You certainly didn't have american indians riding out of reservations to commit violent acts and then trying to hide behind women and children on the reservation. Granted some of that may be the brutality of the retaliation by the US and/or settlers and the technological differences.
Of course none of that really applies to Choctaws, who acctually fought with the US in a lot of the american indian wars, but I don't see why that would make their claim to land any less valid than people in the Gaza strip.