I think that an issue mentioned in another thread is useful here too, the two different scales of morality mentioned by Tolkien in letter #246 in regards to judging Frodo: representing to ourselves the absolute ideal without compromise, and applying a scale tempered by mercy to others.
Concerning the second scale, the most relevant example is Gollum. Of him, the professor says in letter #181:
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Into the ultimate judgement upon Gollum I would not care to enquire. This would be to investigate 'Goddes privitee', as the Medievals said. Gollum was pitiable, but he ended in persistent wickedness, and the fact that this worked good was no credit to him. His marvellous courage and endurance, as great as Frodo and Sam's or greater, being devoted to evil was portentous, but not honourable. I am afraid, whatever our beliefs, we have to face the fact that there are persons who yield to temptation, reject their chances of nobility or salvation, and appear to be 'damnable'. Their 'damnability' is not measurable in the terms of the macrocosm (where it may work good). But we who are all 'in the same boat' must not usurp the Judge.
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Even concerning him, one of the greatest lessons of the story is that the heroes must show pity:
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- He deserves death.
- Deserves it! I daresay he does. Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgement. For even the very wise cannot see all ends. I have not much hope that Gollum can be cured before he dies, but there is a chance of it...My heart tells me that he has some part to play yet, for good or ill, before the end; and when that comes, the pity of Bilbo may rule the fate of many – yours not least.
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Gandalf applies in an admirable way the second scale of morality to Gollum, he is tempered in his judgement by pity, just as Bilbo and Frodo are tempered in action by it, even when their lives (and quests) were in danger.
However, I doubt that either Frodo, Bilbo or Gandalf would have hesitated to confront Gollum to the end, if doing otherwise would have meant certain, immediate harm to someone. And I believe this was the case with many of the orcs or other enemies. One can't pacify them, not even at the cost of one's life; direct confrontation remains the only way on a battle field, if lives are to be saved.