They are not humans because they are not fertilized eggs. Unfertilized eggs are haploid, not diploid, meaning they are unpaired chromosomes (am ignoring X and Y). It also means they could not produce a living human... too many problems owing to the missing second chromosome in each pair. Is like having 25,000 gene deletions!

Some animals have a phenomenon called parthenogenesis which allows an unfertilized egg to develop into a living organism. This does not naturally happen in humans. (And I doubt it happens unnaturally.)

The biggest "murderer", using the definition of the religious people, is the "god" himself, as it is known that, biologically, many of the inseminated egg cells don't end up ever becoming babies, failing to attach to the uterus and getting ejected. Even many that attach don't survive long enough to develop, resulting in a natural "miscarriage" later. That's simply how the reproduction mechanisms work.

So why again should humans be punished when it happens all the time anyway "by design"?