Or do those that advocate sinking pirates suggest naval forces open fire on any vessel fulfilling some of the criteria for a pirate vessel? Great - until the first time it goes wrong!
Establishing the criteria need not be limited to a Jolly Roger.
But yes, I suggest under a reasonable identification protocol, weapons free upon identification and criterion met. Getting the "reasonable" agreed is, of course, the more difficult part.
It appears to me that the RoE, and criteria, vary based on what national ensign is being flown by patrolling frigates.
Maybe, given politics as is, that is the best that can be hoped for. Further that point, the Russians seem to have broken the code more handily than some others ...