Well its very easy for you to judge after the fact - considering that you were not in the situation nor the circumstances that the young marine found himself in.

For it to be a criminal act during war - the Navy would have to determine that his intent was to shoot an unarmed and wounded enemy. What they have shown is that this marine honestly believed that the Iraqi insurgent was still a combat threat to himself and his fellow marines.

Given that the insurgents had been playing dead - and if I remember correctly - this marine's company to include him, recieved causalties from just such a method, which gives creditablity to this marine's emotion and reaction to what he precieved to be a threat.

And from what I have read on this circumstance - the Navy has been unable to show that the marine had a criminal intent to just kill any Iraqi that he saw.