That is incorrect, if they are specifically targeting an individually player over and over in Open then that is reportable and is against TOS. That is exactly why a "KOS list" is not permitted and any discussion of putting players on such a list on the forums is moderated, the same as naming and shaming other CMDRs.
My CMDR has been in situations where he has repeatedly engaged and destroyed the vessels of one or more other CMDRs, multiple times. Not once was I targeting another player, or attempting to cause them grief. I was having my CMDR act in accordance with his character by responding to wholly in-game events, with in-game actions, in the context of the game's setting.
There is nothing against the rules of the game or in the TOS that can reasonably be interpreted as prohibiting a player from having their CMDR initiate or respond to hostilities against in-game enemies, even if it's the same enemy over and over again.
You cannot "bait" someone into interdicting you
That is utter nonsense.
I can have my CMDR act in a manner blatantly contrary to their CMDRs' goals or interests, making the most obvious and proper course of action for them to pull him over.
What are other CMDRs supposed to do if my CMDR is causing problems for them? Ignore him? A major part of why I'm in Open is so other CMDRs have a shot at opposing my CMDR.
If I instead behave in an insulting and/or belligerent manner, then menu log to remove any chance at my CMDR facing consequences, there by wasting everyone's time, that is as clear cut griefing as it gets.