Nor was there time for a tribunal to determine that.
Colonel West made a battlefield decision.
West's critics are engaged in Monday morning quarterbacking of an unprecedented degree. Would you have all battlefield decisions revisited if it unduly "frightens" an enemy combattant?
You want to question the Administration and it's rationale? That's one thing. But when you begin to call battlefield decisions into question, simply because they offend sensibilities, you begin to undermine the entire code and concept of military justice.