I mean the distinction doesn't really matter

There are many ways to construct HITL UXes. But typically they'd take the form of the first one

I think you're missing the forest for the trees. All Anthropic is saying is that HITL is required before murder, the UX is irrelevant

I agree the distinction doesn't matter, but im not so sure "just" having a human in the loop qualifies as an ethical stand. Just because your not pulling the trigger doesn't make you not culpible for the outcome.