I'm personally wondering why someone would even consider this newsworthy. I mean the only point being made here is that a couple of swiss groups wasted a lot of money being stupid, and really if we recorded everytime someone stupidly spent money, individually or organized, the news would be an un-consumable mess of nothing but.
Giving a platform to a study like this is sort of like someone taking a look at a study performed by the KKK, and then saying "KKK researchers find after consuming tons of black created media that Blacks are inferior"... that falls under the "duh" catagory.
I mean let's be honest, I don't think many of the games are trying to remotely claim this behavior is "legal". Hence why you are typically put in the role of a "mercenary", "black ops", or "special agent" type character who is by definition acting outside of the law for the greater good, with or without sanction. I mean when you see a title like "Bad Company" I don't think anyone with half a brain is under the illusions that this game was promoting proper, peacetime, military behavior and decorum.
When it comes to concepts like "24" your typically seeing these games existing to ask the question as to whether or not our engagement policies are correct. When it comes to things like torturing people consider that I and many other people on these forums are at odds when it comes to the effectiveness and nessecity of such methods. Asking those questions in the context of a game presenting hypothetical situations (so to speak) isn't anything paticularly special. Media/Artwork of all sorts has framed questions of all kinds (conterversial or not) as long as it has existed.
As far as "victimizing" civilians in wartime, well again one of the big questions society has to address is whether post-WW II attitudes and morality on such things are correct. We're rapidly seeing that without targeting a culture/people themselves and simply focusing on the fighters very little can be accomplished. As time goes on, I think people are gradually learning, and beginning to accept (albeit very slowly) that our "antiseptic" engagement doctrine is wrong and ineffective. Especially when you find that more information about what we REALLY did during World War II to win is becoming apparent. Still, even so, games are by and large not claiming such behavior is lawful to begin with by current standards.
In my mind what is promoted in games is only questionable if the fantasy of what is going on in the game is denied. For example, there is a differance between say a game where you play a "rogue cop, who plays by his own rules" who goes out guns blazing to single handedly fill every bodybag in the city with a dead slimeball... and say the old "Police Quest" games which made the claim of being realistic and presenting the usage of real police procedures in actual situations. In say Police Quest you could "lose" by overreacting to a situation, handling evidence incorrectly, or simply not performing a vehicle inspection the right way before getting into a patrol car. If the Police Quest games I had played for example let me go "Dirty Harry" on suspects and claimed this was "real" it would have been questionable.
Really, the only "shooter" I can think of off the top of my head that SHOULD be critiqued for not playing by the "rules" is perhaps America's Army, which makes the prtensions about being about the "real army as it is". If some games (like say MW2 and Rainbow 6 allegedly) choose to find a middle ground and cater to some real policies, such is fine, but I feel anyone claiming that a game calling itself "Bad Company" should be criticized for being the dark, escapist, gun-wank it is has some serious issues and is not worthy of media coverage. It's like going "OMG! A game called Grand Theft Auto has you stealing cars! That's illegal! people might get confused about doing stuff like that being against the letter of real laws!"