It appears the ROEs are in direct violation of the law.

TITLE 10 USC, Subtitle A, PART II, CHAPTER 47, SUBCHAPTER X [aka Uniform Code of Military Justice], PUNITIVE ARTICLES
Art. 99. Misbehavior before the enemy
Any member of the armed forces who before or in the presence of the enemy—
…
(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;
shall be punished by death or such other punishment as a court-martial may direct.