I said it's difficult to call something a crime when there is limited existing legal basis. Not that it wasn't a crime. Nor that it was a crime.

Also, definitely IANAL.

Since you said:

> Just pointing out it's difficult to call something a "crime" if there was limited legal basis for it (no international treaty) at the time.

I can't help but wonder if you'd find it equally difficult if someone calls certain actions of the Nazis a crime -- assuming there was limited legal basis for it (no international treaty) at the time, etc.

Or is it only difficult when we're talking about American crimes?

> Or is it only difficult when we're talking about crimes [that have not been prosecuted in a court of law, only the court of HN comments]?

More accurate.