The fact remains that the ones doing 99% of the killing out there are fellow commanders, ie players shooting other players, who are only supporters of the different factions and not officially part of their armed forces.
To all intents and purposes, they
are. They're officially signed up
and the faction in question is giving them
specific orders to undertake. Anything they do is as a
direct result of that faction.
What we've effectively got is an intergalactic riot. Yes, it's a problem for the official forces, and a lot of people are getting killed, but until the powers get involved and, say, a federal navy destroyer attacks an Empire corvette, or a wing of Federation fighters and Empire fighters get engaged in a dogfight, it's not a war.
That's essentially what is happening. Especially in Hudson's case, where he's the
President of the Federation (and it gets even more tricky when you consider that many of the pilots in question do actually hold an official rank with the Federal or Imperial militaries - or, for some utterly bizarre, never explained reason,
both).
So, let's go for a radically loose interpretation of what's going on... Let's say we're actually the equivalent of, say, privateers with a proverbial 'letter of marque'. Well, OK, that means the government in question has officially authorised you to attack
enemy vessels during a
time of war. Even then, it would mean you'd be entitled to attack for the express purpose of commandeering the ships in question to bring them before an admiralty court. It's a distinction which has
always been regarded, at best, as fairly dodgy, because all it does is to give pirates a thin veil of official legitimacy.
What's going on here is even worse than that. There are literally no capture missions. They're all about either total destruction or engaging in piracy and stealing official cargo.
This isn't a riot. This is officially sanctioned warfare. Whether or not the Commanders in question are considered a part of the military forces (and there's definitely a case for that if you're holding actual rank or have pledged allegiance to Hudson, who's the Federal equivalent of the Emperor), they would still be regarded as undertaking actions openly endorsed by the faction, itself. You're on the payroll and taking orders, no matter what.
Again, ask yourself what would happen in today's world if someone began destroying oil tankers from Saudi Arabia or illegally snatching cargo heading for China. Look at the warships which have been sent in to combat piracy around Somalia - it would be several magnitudes higher than that!
So, yes, what we're seeing playing out should very much be considered as countless individual little acts of war.
If we, as pilots, are given bounties and fines for minors traffic violations, then why aren't we seeing galactic powers encountering consequences for the actions they're all causing against one another? It makes an absolute mockery of any Federal/Imperial claims that they're even able to stand up to their own massively violent internal disputes, much less would guarantee safety/security for anyone joining their respective cause.