Who has ever stated that innocent lives are not lost in war? Or put to death by the state? Oh yeah, no one.
Are you suggesting that no one should ever warrant a death penalty because of this? That no war is justified?
Was WWII justifiable? Did innocent people lose their lives in that war?
I'm 100% against the death penalty so in answer to your question, no, no one should ever get it.
I'm also mostly against war, probably shouldn't say 100%, because WWII is the exception. I believe Hitler needed to be stopped. I don't agree with actions like firebombing Dresden, or dropping nuclear weapons on Hiroshima and Nagasaki.
So if this makes me a hypocrite, I'll go with it.