A possibility is that the leader or co-leader can decide whether to enforce the penalty or not. That would probably rule out the "innocent" leavers.
I am not saying I agree with the op but thought I would throw that in the discussion.
Personally, for any new clan member we would not allow directly into the next clan war until they are settled and that both sides are happy and sure of each other.




- I wonder if they could distinguish between those who are kicked and those who leave on their own accord, but by then it would probably be too much for supercell to bother with I guess.
