The fog of war does exist, and that's why you have to be so clear and drill, drill, drill. When you inject uncertainty into a situation that was already filled with uncertainty, my experience is that this is exactly what happens.

Those status of forces agreements are only in fully developed countries with fully developed judicial systems that are very similar to ours.

It's going to be difficult in most circumstances to reach that standard of gross negligence when you have the context of an unknown enemy, an enemy that does use civilian clothes and is often using civilian vehicles and persons to attack.