If I set the rules, I would agree with you. I don't set the rules though (probably just as well on balance), so I'm speaking in the context in which we live, where some things that would be clearly considered crimes in any other context are somehow A-OK if you label them 'war', but at least some things are still seen as going over a (far too distant) line and still count as crimes.
That said, even if we still considered it all crime, there would still be distinctions to be made. Shoplifting and murder are typically both crimes, but they're not the same.