>> As I understand the ROE only allows a kill if the player is in the middle of a hostile act.
This is not so. Have you never served before? The ROE you mention is only before any hostile act. If after the hostile act and the identified target walks away instead of surrendering, you clamp your jaws around his jugular and shake until his brains fall out.
If not you have a situation akin to the skit from Minister of Silly Walks, really.