I found arguing with any JAG an exercise in futility. They always reverted to the “Nothing in these ROE prohibit a Commanding Officer from taking actions necessary in the defense of ...” If you take out a perceived threat and remain unscathed, they’ll argue it wasn’t a valid threat, since you suffered no damage. No-win scenario.
Sounds like Shakespeare’s dictum about what needs to be done first applies in the military too.
That was precisely my point.
They wrote the ROE to tie your hands, but had an escape clause for themselves, when it came to the consequences of not acting.
5 seconds before the suicide boat hits you, its a violation of ROE to destroy it. But 5 seconds after it hits you, you are at fault for not engaging what turned out to be a threat (oh, and you are dead).