The responsibility lies with whomever led to this Marine not knowing the man he shot was an already captured prisoner.
Under maritime law they can be treated as pirates and hung or they can be treated as spies and given the Mata Hari treatment.
Makes no nevermide to me. I can close my eyes and see the USAA family that was on the flight with Barbara Olson which struck the Pentagon. Those 8 and 6 year old daughters didn't receive due process so why should these pond scumm wannabes!