I don't know, but that must be the claim if charges are being made.
Had they shot him, you and your fellow commies would be screaming for the seals to be tried for cold bloodied murder.
No need to get nasty. There would be no question had they shot him during an engagement instead of capturing him. One more dead insurgent, yippie. They would be in very serious trouble had they shot him while in custody.
I'll state it simply: Rules of engagement no longer apply once an enemy is captured. After that, long-standing regulations concerning the handling of enemy prisoners go into effect. Those regulations state, as I've shown, that prisoners are to be protected from harm. The regulations are unambiguous, and they do not make allowance for personal feelings of anger over what the enemy's done.
Right there tells me you have not been to Iraq or Afghan in combat...because they are questioned after engagement.