Also a difference between deliberate vs. reactionary fires.
I saw an interesting TACAID on a 1-star's desk that related ROE to weapons posture.
No one wants people below a 3-star questioning deliberate fires tasking and/or ROE legality in the heat of the moment. Questions like "is this operation legal" is answered at the 4-star / SECDEF level.
I think I get your point, but I'd offer just because you've met ROE doesn't mean you have to execute it. I'll expand on that idea in a sec, but to do so once again takes us back to the question of whether these strikes are under Use of Force doctrine (ie, a LE action) or under AUMF.
Under Use of Force, and specifically as it applies to CNT ops when conducting maritime AUF, you can move through the continuum towards End Game once given permission. The individual crew moves through the continuum at their discretion based on the reaction of the contact of interest. Even if the COI is non-compliant, it doesn't require the crew to move all the way to End Game in a linear fashion. Why would that happen? Well...
I was on a case where we intercepted and started the AUF process. It met all of the check boxes (unflagged, non-compliant, high speed Panga, more than one engine, containers in the hold, etc). We were given authorization for End Game and started working through the card. I wasn't the HAC, but I was on the side with the guns so I had the equivalent of Release Consent. As we got to the point where we were going to directly target the vessel, I told them to hold fire and we chatted back and forth with MOM about how immediately shooting may not be the right call since we had time and distance on our side. What I was seeing onboard definitely indicated they were dirty, but didn't look like contraband.
After another few seconds the vessel played their game of red light/green light, stopping and then going before finally stopping. After they ditched their SSE over the side, they killed the engines and waited for MOM, which was a very smart move on their part.
As it turned out, no contraband (other than some weed and maybe a bump for themselves). And eventually, off they went. Had we continued to shoot, we would have been absolutely in our right to do so, but we also would have then been hosting these clowns on the ship instead of detaining them. I have no idea if they would have received a Cadillac chit for the damage...something I always wondered about.
I understand my sea story above is different than what seems to be happening now in the Carribean where it's a directed kill order. But again, I offer it as perspective on how we've historically interdicted these cases under a LE umbrella, utilizing the "Can I? May I? Should I?" technique while also meeting ROE.
One last thought...that Panga in the second strike looked totally dirty as well. What I find interesting is that it was DIW when hit, which wouldn't fly under AUF. It also had one engine up, which usually indicates it's broken and makes them much easier to intercept before they reach a LSV, assuming you have an asset nearby that can get to it...which is a big if, depending on the AOR.