You’re absolutely right that in some cases the aggressor has the advantage and may successfully violate someone’s rights. But that’s also exactly what happens now—in our current system, or even under the welfare capitalism you originally brought up.

In a libertarian framework, a person could voluntarily contract with a defense or insurance service, which would then act on their behalf. The burden would be on that service to prove in front of a neutral arbitrator that a rights violation occurred and to hold the aggressor accountable.

Functionally, this is not so different from how justice works today—but the key difference is: in this system, there’s no central institution (like the state) that continuously and systematically violates negative rights. That’s the fundamental point: both systems deal with violations, but only one claims the right to violate by default.