Yes. My point was that if atrocities against civilians in Hiroshima or Dresden were not crimes by gizmo686's logic above, then neither were Nazi atrocities, and Nuremberg and Tokyo trials were nothing but a fancy lynching.
And Nuremberg trials was famous for doing precisely what gizmo686 described -- charging defendants with "crimes" that were defined as crimes after the fact. https://en.wikipedia.org/wiki/Nuremberg_trials#Criticism