Very interesting points, brit. ROE seems like the world's biggest load of nonsense. If Day One of the Winnick hearing established anything, it's that NO ONE knew could say what the ROE was.
Sgt Winnink had been told the Marine Corps eats its young. He knew what happened to SSgt Wuterich. He knew he could be second-guessed and prosecuted...But he still decided the threat was so great he should pull the trigger.
The burden is on the prosecution to prove that Sgt Winnick knew the ROE and that he violated it. They've failed to prove either one.
If Day One of the Winnick hearing established anything, it's that NO ONE knew could say what the ROE was. Seems from the info gleaned from Hamdaniyah, Haditha, Iskandaryah, et al; the ROE gets decided AFTER the action on the ground.
Something else I noted from my post above:
In any area where the military conducts activity, the law of the local jurisdiction ordinarily applies.
That is just plain wrong. Under US Command, US law should apply, unless and until the Local Government can take effective charge and we withdraw. Can you imagine the scenario of charging a troop with rape, then having to get two or more Eyewitnesses that the rape did occur? I believe that is the standard under Sharia "justice", and is proof that it is not justice as we know it or will accept. Also in their system, a 'Muslim' carries more veracity than any outsider.
More proof that we need to disband, defund, and deport the UN and its insidious rules and ministrations such as the World Court, as I'm certain that is where this trash is coming from.