Ah, okay, I guess it was a misunderstanding on my part. My apologies. Yes, women and children certainly can be combatants. The Battle of Mogidishu is a good example of where Somalian women and children were shooting at US troops.
I think you are misunderstanding what I am saying. Innocent of justification IS dealing with crime as in guilty or innocent. For instance, if someone is being charged with murder, but they didn’t commit it. Then they are innocent of any justification to condemn them in court. HOWEVER, that same person may not be innocent of some other crime they committed.
So when determining “innocent” or “guilty” one must look at what the act being directed at them is to determine their innocence. In the case where two combatants are fighting each other in war, both are not “innocent” of the act of shooting at each other as they are legitimate military targets.
Of course, doing their duty isn’t a crime. I’m in no way implying that soldiers are criminals. Remember, we’re looking at this from a MORAL perspective, not a legal perspective. So a civilian would be innocent of any justification of being directly targeted by a combatant. A combatant would not necessarily share in that same innocence during a war. That’s not in any way calling soldiers criminals.
And soldiers CAN BE innocent. For instance, suppose a soldier legitimately surrendered or a soldier was found wounded and wasn’t offering resistance. In those cases, the combatant could be considered innocent and there would be no justification for deliberately targeting and killing him.