Perhaps the right to kill should be defined by whether The Avengers is considered a team of vigilantes with a similar moral code or a group of government agents following the orders of a political hierarchy. The latter would make The Avengers no different than S.H.I.E.L.D. and thus the permission to kill is implied and recruiting members such as Wolverine permissible.
However, Spider-Man working alone and of his own volition would adhere to a moral code as defined by his personality which has the freedom to be separate from politics. What's ironic is that fictional characters who tend to break the law by turning to vigilantism tend to live by strong moral ethics whereas those who work for government agencies tend to disregard ethics altogether.
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