Here is a scenario for you.
It's 1 am and your mother goes into labor. Your father is not around because he was killed recently in a random act of violence. You get her into your beat up, barely functioning, pickup truck and start driving to the nearest hospital. As you round a corner you see an odd flash from a dark alleyway but don't pay any attention to it. Your focused on taking care of your hysteric mother. For your failure to stop a soldier in the dark alleyway opens up with a
240B Machine Guns.
Why didn't the soldiers have big flashing lights and large obvious signs that they were conducting an operation there? The soldiers were currently on a raid to capture a high level insurgent member who was personally responsible for importing and deploying
EFPs.EFPs responsible for killing soldiers from their unit . The raid was being conducted as covertly as possible to minimize any early warning for the insurgents. This is also why the soldiers engaged with the minimal warning. The only people fleeing from soldiers conducting a raid at 1 am are most likely insurgents.
The end result was mother lived, baby died, son died. Insurgent was not captured. Did they deserve to be shot because the driver did not know that the ROE for the soldiers was to have signs visible (black out, no lights to see them with), verbal warning (could not be heard over engine), and to signal with a light to stop (a single flash of a light in the dense urban city in the middle of the nigth)? I'd say those are pretty ambiguous.