[Divine Soldier]

1) 
As it is currently written, the rule can allow for one person in the enemy territory to engage while the rest abstain to ensure said person will get to fight. This can lead to circumstances where the enemy territory's size can always let the strongest one there to be the one to fight, rather than those of the highest speeds.

Example:
Player A walks into enemy territory where there are five people around.  Things get hostile, and player A tries to flee. Player B from the enemy side gives chase, and the rest of the players abstain from running so that player B will get a guaranteed fight.

I can't see how this is an issue; if someone is in enemy territory, it makes sense they'd be forced to fight the strongest person there if that's how the 'enemy' group wanted to RP it. As a general rule, being in enemy territory is something players should avoid. Even if you include your second issue, which effectively acts as a trap, it's the same, just with better IC (setting a trap will always be better IC than someone arbitrarily walking into an enemy settlement).