Amr bin Dinar stated that everything is in the Qur'an or for it as He willed. Ibn Jurayj said, except for the statement of Allah Almighty: "Indeed, the penalty for those who wage war against Allah and His Messenger..." (__QUR_5_33__), that there is no choice given in it. Imam Shafi'i, may Allah have mercy on him, also said as Ibn Jurayj and others have said: "Indeed, the penalty for those who wage war against Allah and His Messenger..." (__QUR_5_33__). I say that this issue is regarding the one who wages war.
Hadith Referenceمسند الإمام الشافعي / كتاب الحدود / 1600
Hadith Takhrijاخرجه البيهقى 5 /185 - وفى المعرفة السنن والآثار له (3175)۔