The Next "Scandal"

The press is anxiously trying to whip up a new scandal, in the form of a US Marine shooting a supposedly unarmed and wounded "insurgent", and how this violates the rules of war. Since the "insurgents" are not in uniform, have no visible command structure, openly use mosques as firing stations and civilians as human shields, it seems to me that the rules of war don't really apply here. And by the way, isn't this the same thing that John Kerry received a medal for in VietNam?