I do see your point, however the fact that Hitler gave the direct orders (often well documented) that were later deemed criminal, I'd presume that would be enough to assume criminal status.

Also, yknow, defending Hitler on technicalities is like defending a paedo on the distinction between paedophilia, hebephilia and ephebophilia - legally speaking you'd be correct, but in reality it just makes you sound like you're supporting the person in their acts...