Yes, the choices in this poll are poorly phrased. Nations in Beige are allowed to attack (and continue to be attacked) by Nations they are currently at war with. That isn't one of the choices offered.
Perhaps a good compromise is to badly nerf the odds/damage potential of spai ops for Nations that you are not in a declared war with? As it currently stands, you can recruit a maximum of 3 spies per day. But it's very easy to have 20 to 30 assassinated per day at 3 ops/target. Makes it impossible to rebuild.
I've done this to opponents in multi-round "Big Wars". And I know it utterly angers them. I've also been on the receiving end. The "Assassinate Spies" feature is badly out of whack.