Previous thread here: Marine arraigned today in killing of Iraqi prisoners [Jose Nazario / Fallujah].
They use a couple of expressions in the charges that we should focus upon:
Unpremediated.
WITH adequate provocation.
That sounds like, “These marines did not plan to kill anyone, and the situation was such that the average person would have done the same given the threat AGAINST THEM in the situation, but we’re charging them anyway, because that’s the way the law is written.”
I’m no lawyer. Maybe I’m just a lousy reader, but it sounds to me like those lines could also be in an awards citation.