For the record, this does not appear to be the case. That's the third in a series of photos released by Reuters back in a blog post on their request for more info following the incident. The photo likely took place some ten minutes prior to when the last photo was taken.
From that Reuters blog, "[r]esidents and witnesses interviewed by Reuters said they saw no gunmen in the immediate area where Noor-Eldeen and Chmagh were killed in Baghdad’s al-Amin al-Thaniyah neighborhood. They said they were not aware of any clashes in the area leading up to the Apache helicopter attack around 10.30 am local time. Noor-Eldeen and Chmagh had gone to the area after hearing of a U.S. air strike on a building around dawn that day."
As for xj0hnx's description, having one or two people with AKs acting as bodyguards for journalists on assignment seems much more likely than some insurgent group where one in three are actually armed and headed into a firefight.
Reuters had no knowledge of his "assignment" and he was not carrying any press identification nor did he bother to let the coalition forces know he was going to be walking the streets with a group of people armed with AK-47s and RPGs. Seems kind of far fetched doesn't it?
As per the order or the pictures it doesn't say 10 minutes after the Humvee picture he took his last photo, it was 10 minutes after he took the pictures of the 2 women. The blog is apparently leaving out when he took the picture of the Humvee, it just says "around this time". Following the Humvee photo is the photo of the guy falling/taking cover while being shot at 10 minutes after taking the pictures of the 2 women. I can't find the last photo anywhere but from the sounds of it might have been the camera going off while they were being shot.
I know for a fact that the gunners rained death from above on a group of people who demonstrated absolutely no intent to engage in hostilities, but rather were causally hanging out on the side of the road. It looked about like this.
So you want the ROE to be changed to "don't do attack until they start shooting at you"?