While we agonize over "was it legal or illegal" based on our laws; the populace is probably more concerned about was it "right or wrong based on their perspective.

Legal and wrong may keep you out of jail, but it won't help you quell an insurgency.

The old "we had to destroy the village in order to safe it" line sounds rediculous on its face because it is, regardless of if it was all done within the guidlines provided by the ROE and rule of law.

One more reason why attacks against the insurgent himself, when not done in clear defense of the force and the populace, must be a supporting effort in the larger COIN effort and not the main effort. When one remains focused on gaining and sustaining the support of the populace as ones main effort it helps commanders to make the right decision.

Sometimes you just don't take the shot because the potential downside to your main effort far exceeds your potential upside on your supporting effort.

Or, said another way, never risk strategic failure for a tactical victory unless you have to to protect the populace or your men.