When the Taliban, AQ, etc starts following ROE we will
I still remember the Jordanian pilot burned alive in a cage....that is only one example
It's not the ROE that was violated, it was the Geneva Conventions which makes it illegal to mistreat prisoners.
Rules of engagement are determined by our military leaders as to when and how we engage the enemy. The Geneva Conventions is a treaty signed by most nations as to how war is to be waged. They actually came about because of the atrocities that happened in WWII like Dresden.
And, because the Taliban doesn't really have a country, they aren't bound by the conventions.