The German investigation and possible prosecution of Oberst Klein and his Oberfeldwebel because of the Kunduz gas tankers bombing has ended in dismissal of all charges - Hat tip to Igel for his post in "Germans in Afghanistan" (post #40).

It is one thing to critique (whether informed or not) how warfare was conducted and dispute "best practices" (as to which, reasonable - and unreasonable - people can disagree). It is quite another thing to allege that that conduct was a "war crime".

----------------------
The interview linked by Fuchs (Danger Room What’s Next in National Security U.S. Soldier on 2007 Apache Attack: What I Saw) has a couple of quotes on the tactical situation which are similar to what sapperfitz82 tells us:

McCord: ... [context - he has just carried the wounded girl from the van] ...
I was told to go pull security on a rooftop. When we were on that roof, we were still taking fire. There were some people taking pot shots, sniper shots, at us on the rooftop. We were probably there on the roof for another four to five hours.

Wired.com: How much sniper fire were you getting?

McCord: It was random sporadic spurts. I did see a guy … moving from a rooftop from one position to another with an AK-47, who was firing at us. He was shot and killed.
......
Wired.com: Wikileaks presented the incident as though there was no engagement from insurgents. But you guys did have a firefight a couple of blocks away. Was it reasonable for the Apache soldiers to think that maybe the people they attacked were part of that insurgent firefight?

McCord: I doubt that they were a part of that firefight. However, when I did come up on the scene, there was an RPG as well as AK-47s there…. You just don’t walk around with an RPG in Iraq, especially three blocks away from a firefight…. Personally, I believe the first attack on the group standing by the wall was appropriate, was warranted by the rules of engagement. They did have weapons there. ....
So, again, more testimony that Al-Amin was far from an unarmed, peaceful neighborhood.

Regards

Mike