Ex-post facto law has a bad press.
What is it? It is the declaration of criminality after the fact.
Something is perfectly legal and time t1. Then, at time t2, it is declared illegal. But not only for the future, for the past as well. Right now, it is fully within the law to wear blue shoes. Then, this act is proscribed by new legislation. All those who have engaged in this now-illicit act in the past either pay a fine or go to jail. It’s difficult to think of anything more unjust or outrageous.
And yet, this was precisely the principle upon which the Nuremberg trials were predicated. During this court hearing, the Nazis claimed that what they did was fully congruent with German law at the time. If they did not murder Jews, Gypsies, homosexuals, non-Aryans and blacks, then they themselves would have been considered criminals. They protested against the unfairness of having ex-post facto law imposed upon them.
The court overruled them—and very properly so. There are indeed exceptions to our otherwise justified opposition to ex post facto law. These judges found that some acts are so despicable, so nefarious, so intrinsically criminal, even though extant law allowed them—nay, even proscribed them. Still, it was entirely proper to declare them null and void, and to consider as criminals those who obeyed these illicit laws and acted on the basis of them. This court ruled that this certainly applied to the atrocities perpetrated by the Nazis, even though legal at the time.
This brings us to Iran. U.S. President Donald Trump ought to consider declaring that he will abide by these Nuremberg principles and impose ex-post facto law upon members of the murderous, dictatorial Iranian regime once they are defeated. If this does not make them sit up and take notice, nothing will. That is one possibility.
Here is another. He can issue a pardon to the leaders of this nefarious government on one condition: that they immediately surrender. There will, to be sure, be some injustice in such an announcement. They richly deserve the death penalty that was imposed upon the Nazis in 1945. However, such an announcement might well save the lives of U.S. military members, innocent Iranians and others scattered throughout the Middle East.
If they put down their arms within 24 hours—and cease and desist from creating mayhem not only in the surrounding countries and also within Iran itself—the death penalty will not be imposed upon them. They would, of course, be precluded from taking any office whatsoever in a new Iranian government, which would join civilized countries and desist from the atrocities of which his administration is guilty.
This would be clearly unjust. Those responsible for the past murderous acts of the Iranian dictatorship richly deserve the death penalty. But justice is not the only desiderata involved in the present imbroglio. The saving of innocent lives counts, too—and heavily so.
Perhaps a continuum could be established. Guilty Iranians who put down their weapons and engage in oppression no more will get only short jail sentences. Those who actively support American and Israeli forces, and turn against others who still act to defend this despicable regime, will be given a full pardon.
We leave the details to the Trump administration. We only insist that the Nuremberg trials may well serve as a good example at present.
Even if this possibility were merely bruited about, it might have some positive repercussions. It cannot be denied that the evil Iranian regime is now on its back foot. It is reeling from the massive bombardment to which it has been subjected. The ayatollahs desperately fear the uprising of the Persian citizenry, so much so that they have brutally murdered some 30,000 of their own citizens since the start of 2026.
The time is ripe for a successful internal rebellion, which would save U.S. and Israeli boots on the ground. If some of the armed guards ordered to shoot defenseless protesting citizens were, instead, to turn their guns around and shoot those giving these despicable orders, a Trumpian pardon might well be fully legitimate.
If consideration of the Nuremberg trials can play any even small role in this eventuality, it will have been well worth it to ponder this historical episode once again.
