That's sort of an unhelpful truism. By definition, the losing parties don't have control of a judicial system within which a trial of the winning parties could

That's sort of an unhelpful truism. By definition, the losing parties don't have control of a judicial system within which a trial of the winning parties could take place. If what you mean is "winning parties don't prosecute their own side", then I would also disagree with that, since some countries do believe that the rules they are ostensibly fighting for do apply to themselves: https://www.theguardian.com/news/datablog/2012/mar/29/afghanistan-british-army-crimes https://www.theguardian.com/news/datablog/2012/mar/29/afghan...