I wonder if this is related to the issue with the Enemy of Justice condition reported at
https://forums.larian.com/ubbthreads.php?ubb=showflat&Number=879196. Or at least, a consequence of the same underlying problem with the way the game seems to be handling certain NPCs/guards.
I completely agree that this shouldn't be oath-breaking. If you haven't already reported the bug to Larian (the Report a Bug link at the top of the launcher will take you to the right place), then that seems worth doing.