Binding the hands of our soldier unnecessarily is just asking for problems. It is not at all clear that legal advice will cut down on accidental civilian casualties any more than a mandatory delay between acquisition of the target and executing the strike. Essentially that is what requiring legal advice is with the added possibility of a 'no go' order. The delay gives our adversary time to set the IED and scurry away to do it all over again, the next time possibly without us seeing it. It is hard to not see this as the current administration (unless this started under Bush, but this is the first I am hearing of it) turning a war into a legal/police action; just as they are/have turned the 'war on terror' into a 'police action on terror'.
"When Capt. Zinni spotted the four men planting the booby trap on the afternoon of Feb. 17, the first thing he did was call his lawyer.
"Judge!" he yelled.
Capt. Matthew Andrew, judge advocate for 1st Battalion, 6th Marine Regiment, advises the battalion about when it is legal to order the airstrikes. He examined the figures on the video feed closely. "I think you got it," Capt. Andrew said, giving the OK for the strike."
He ended up not taking the shot because of children in the danger zone (possibly intentionally as a human shield).