When Hermann Göring surrendered in 1945, he brought 16 monogrammed suitcases. He expected to negotiate Germany's future over brandy, not stand trial as a common criminal.
He fully anticipated being treated as an equal—a defeated head of state who would negotiate with General Dwight D. Eisenhower, just as military leaders had done in centuries past.
He wasn't surprised that his life was in danger; as a former fighter pilot and high-stakes political gambler, he understood the fatal consequences of losing a total war. What genuinely shocked and offended him was being stripped of his medals and subjected to a bureaucratic legal proceeding.
The legal framework of the Nuremberg Trials was unprecedented, and Göring's defense relied on the exact premise of the question. Prior to 1945, there was no international statute making it a legal offense to wage a war of aggression. Defeated leaders had historically been exiled, imprisoned, or summarily executed by the victors, but they were not put on trial in a civilian-style court for the policy decisions of a sovereign state. Losing the war was not the crime charged—the indictments focused on starting it, alongside war crimes and the newly defined crimes against humanity. Göring accurately noted that these charges were entirely dependent on the outcome of the conflict; had Germany won, the trials would not exist.
At Nuremberg, Göring vehemently protested this legal novelty. He dismissed the charges as ex post facto laws—rules invented after the fact specifically to punish the losers. He argued that his actions were acts of state and therefore immune to a foreign tribunal. During the trial, he frequently labeled the proceedings Siegerjustiz (victor's justice), telling the prison psychologist Gustave Gilbert, 'The victor will always be the judge, and the vanquished the accused.'
He used his time in the dock not to beg for his life, but as a political stage to defend the Nazi regime. Göring treated the prosecution's legal framework with contempt, maintaining to the end that he was a prisoner of war. He ultimately denied the Allies the satisfaction of their unprecedented legal process, committing suicide with a smuggled cyanide capsule hours before his scheduled execution by hanging.

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