It's the exact same punitive mechanic as having low standing, or being in an opposing militia.
The Navy getting involved w/r/t sec issues doesn't validate your argument, specifically because this line is inaccurate at best, and patently false at worst.
The "exact same punitive mechanic" would have militia members being tackled by the FW spawns in highsec,
in addition to the standings/sec ones. If I have good sec and otherwise good standings (not really that difficult), the NPCs that spawn in enemy highsec because of being in militia
will never tackle me. Ever. They are hard-coded NOT to.
The notion that the empires are allowed to tackle pilots who've nuked their security status (via attacking other capsuleers) or their standings, but
not pilots that are actively at war with them, who may be neither criminal in CONCORD's eyes nor of poor standings due to the mechanics or simply being fresh meat, is 100% flat-out ridiculous, and simply adds to the feeling that FW is meaningless: your actions in the warzone don't have any effect in what is supposed to be the safer, most populated parts of enemy space.