It might be possible that even in Beis Din we would be able to be ????? Hitler, and I’ll explain.
The Gemara (Bava Metzia 10b) says that a person who steals via his ???? ??? is considered a regular ganav, even if we say that the courtyard is considered the person’s shliach. Fregt the gemara – Ayy ??? ???? ???? ?????!?! There are two answers given: 1) The only time we say ??? ???? ???? ????? is when the shliach is also not allowed to do it. Here, the courtyard has no chiyuvim, so the “????” is chayav. 2) The only time we say ??? ???? ???? ????? is when the shliach has a choice. Here, the courtyard has no choice.
Tosafos (?”? ?? ??? ?? ????) seems clear that according to answer #2 we don’t limit this halacha to a courtyard which absolutely has no choice – i.e. it isn’t capable of saying I’m not going to do this, rather we even apply it to a case where a person is forced into something against his will – e.g. if I put a gun to your head and say damage this object I will be considered the mazik through ??????.
Accordingly, one could say that since every soldier is subservient to the commander-in-chief, and one who disobeys his orders would receive serious punishment or even death, this is called ??? ????, and we will say ?? ???? ???? ?????.
The reason why I only say it might be possible, and not definitely, is due to two considerations: 1) Apparently the Rema paskens like the first answer. See the long Shach there. 2) It is questionable if a non-Jew can make a ???? at all. (We know from ??? ?? ??? that a non-Jew doesn’t work as a ???? for a Jew, but for a non-Jew there is lots to klerr.)
However, once we’ve mentioned that we’re dealing with a goy, it might be even more pashut that Beis Din will convict him. This is because the Rambam (Melachim 9:4) is clear that a non-Jew who murders is chyav even if it is just a grama, ?”?.
And finally, the others are certainly correct in saying that even if Beis Din cannot be ????? him he is certainly ???? ???? ?? ????. Hashem knows what each person deserves and is fair and just.