Er, the men in that video were quite a bit more than 'in the vicinity' of an RPG (seriously--you can't complain about hyperbole and then say something like that). They were quite obviously grouped with the men carrying the weapons; it's not like they were, by happenstance, crossing the street at the same time a guy with an RPG walked by.
And the idea that no weapon = noncombatant is problematic. Glaringly, it doesn't take into account spotters. Obviously, the base assumption about a guy without a weapon is that he's a noncombatant, but if his behavior indicates otherwise, it's reasonable to make a reassessment. A guy who just planted an IED and is in the process of escaping is, after all, not carrying a weapon.
Regarding the first sentence I quoted--these insurgents aren't carrying out military operations. I mean, that's kinda the whole problem, here. Their tactics necessitate a different method of identifying targets than we would use against another uniformed military.
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