Nazi warcrimes were punished retroactively for a number or reasons, political and not. One of the most important ones was that what the Nazis did was blatanly wrong. You can't seriously claim that killing millions of people can be justified simply because there isn't a law about it, it's something so intrinsically evil that you can't rely on pure formality.
Arguably, refusing to publish literally every single document pertaining to proprietary hardware is not on the same level of obivous malpractice as a genocide, so I think you could have proposed a milder example to argue your point.