there had once been a judgement on a pair of BHG ( back then the DW ) - what happened was that they were shot down without engagement notice in new york by the navy.
the situation was that they had entered what was a "combat area" - and unwillingly became combatants ... but b their OWN fault. -because it was considered THEIR fault for having ventured into a zone were there had obviously been high tension / combat being conducted.
- it was henceforth judged that the navy did not only do nothing wrong dispatching those BHG ( whom they could not be 100% certain on whos side they were ) - but also - it was considered "good RP" for them to do so. ( back then - that had been the LN| official faction silently attacking and destroying the BW )
even an underlevel player becomes a valid combat target when he enters a place where combat happens - or is very close to happen. - it is not hard to avoid such places or get out of them fast.
if you keep lingering around - or even shoot back though- you are held 100% responsible - even if you were attacked.
mind you - that was years ago and the offenders had been an official faction while the BW - back then - was the scapegoat.
edit:
it is highly unlikely that the BDM assumed the area to be harmless. - if they had really wanted to remain in full observer-mode - they could / should have cloaked or kept well out of weapon range.
if the nephilim went out of its way to go for the BDM that had stayed well out of weapon / combat range - then indeed - that was a deliberate attack - but if the BDM was in proximity of the combat - he is a fair target - silently or not- cause combat did not come as a surprise.
edit2:
in anyway those that put fuel into the fire have to ask themselves ONE question:
- what is the benefit of continuing what is perceived as not too enjoyable ( except if you enjoy kicking someone on the ground )
- what is to gain from simply ending it.
it does not look like ppl have all too much fun - but it looks like the only REASON to continue is to "get back at them" or simply "bash the weaker"
so if the BDM brings it up - is it really the RP opportunity they expect? or is it just to add a little more hurt...
or in other words - do you play together with other players in that community - or against them.