I don't know why you make an exception for war but not the judicial death penalty.
Could you defend your claim if the exception for war was confined to non surrendering enemy combatants? After all, I did not take the comment on "except war" to envisage the slaughter of civilians or execution of POWs.
How nice to see that in truth, we have the three of us all found ourselves - at least at a high level - in agreement.