Well, yes. The entire Witcher trilogy and Gothic are action RPGs, since they are games with "RPG framing" (branching dialogues, storylines affected by choices and consequences, etc) and an action, mostly-skill-based combat. Diablo is a hack'n slash, as you said, since its gameplay loop is entirely focused of whacking hordes of enemies and there's hardly more than that.
The point is that you'd have a hard time trying to convince a general audience that they aren't all under the same "RPG" label. The nuance is not particularly valued outside of certain circles.
Party control in Baldur's Gate 3 is a complete mess that begs to be addressed. SAY NO TO THE TOILET CHAIN
