The victim was no longer a prisoner and was not bound in any manner as he was being transported back to his village to be released. (If I am wrong, please show me)
https://www.washingtonpost.com/politics/trump-pardons-the-former-soldier-who-was-convicted-of-murdering-an-iraqi-prisoner/2019/05/06/158765f8-705e-11e9-9f06-5fc2ee80027a_story.html?utm_term=.e72621e3d4aa
…..U.S. forces took Mansur into custody in 2008 shortly after a roadside bomb struck a convoy traveling north of Baghdad, killing two of Behenna’s friends and platoon members. An intelligence report linked Mansur to the attack, but he was later freed when the military couldn’t find conclusive evidence of his involvement, according to Behenna’s pardon application.
Behenna was then ordered to transport Mansur back to his village. Instead, Behenna took him to a secluded railroad culvert and demanded more information from him. At his 2009 court-martial, Behenna said Mansur had lunged for his weapon during the impromptu interrogation.
Edited by Spanky at 13:34:47 on 05/07/19