I recall someone (Hitchens?) pointing out that it was considered a valid defense at Nuremberg if the accused could produce evidence that the Allies had engaged

I recall someone (Hitchens?) pointing out that it was considered a valid defense at Nuremberg if the accused could produce evidence that the Allies had engaged in the same behavior he had. The comment was meant as an indictment - that the proceedings were mere victor's justice - but in light of this article, it seems to argue strongly for the author's point about legal vs. political proceedings. If guilt is held to be a foregone conclusion and all that remains is to confirm the details and hand out punishments, the argument that it would be better to skip the pretense and trappings of a legal proceeding seems persuasive indeed.