The Nuremberg Defence? It didn’t hold water at Nuremberg and it shouldn’t have been allowed to hold water at the IMTFE in Tokyo.
The point, surely, is not how the Kamikaze attacked but who they attacked.
The difference between those employing the ‘Nuremberg defence’ and the Kamikaze is that the Kamikaze legitimately attacked combatants actively engaged in military operations; in that they have no need to defend their actions (even if that was possible).