Justified

It's amazing how the MSM is getting their panties in a knot over this video of a Marine sending a terrorist to Allah, especially since that the Arab media seems to have no problem with airing beheadings of helpless hostages on a regular basis. Of course, an important part gets buried at the bottom of the article:

Sites reported that a Marine in the same unit had been killed a day earlier when he tended to the booby-trapped dead body of an insurgent.

Which would give the soldier all the justification he needed to suspect that the terrorist would pull the same thing. More on this line of thinking is here:

There's nothing to suggest that the enemy combatant had previously surrendered, and "hors de combat" is basically a judgment call. If there's reason to suspect he was faking, then the safest thing to do is shoot him some more--especially given the fact that the enemy in Falluja has demonstrated that they are perfectly happy faking a surrender in order to kill Americans.

Besides, they shouldn't prosecute the Marine, they should give him a medal...just like they did for John Kerry for doing the same thing.