By and large the ROE are fine. It is the bureaucracy of the JAGS/NCIS that comes in and causes problems where there should be none....More often then not (trying to look important and stay relevant).
At this point it is not as if the CINC can come in and micromanage ROEs either. Or issue a blanket command that all weapon discharges will be considered lawful by all U.S. soldiers. That just isn't practical.
As CINC GWB (and Fmr SecDef Rumsfeld) have done a great deal to allow our warriors to take the fight to our enemies. By as hostile of means possible. However there is a process within the military itself that creates the bureaucracy beast we all see at times today....where foolish charges are brought against good men.
ROE's are for sports not wars.