You can make up all kinds of excuses, but this, but that, etc. Law is law, simply refer to Fourth Geneva Convention P1 Article 3a. There are no provision for the excuses you have just given. Even Lt. Col. Anthony Shaffer said on national TV, "the rules of engagements were not followed." He explains, when air power is involved, you need to use minimum force. and second, you need to capture and interrogate.