This one will shock you - when enemies run away from you, you engage them. The only time you don't engage the is when they have surrendered or are so debilitated that they no longer pose a threat.
The Article 32 investigation revealed that the two insurgents WERE attempting to flee when Pantano engaged them. You may not like the "gusto" with which he engaged them, but shooting them was totally legal under the laws of war.
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