At the end of the day, to make a war crimes case, the reality is that these are in fact questions that are going to have to be confronted and dealt with.
Now here, it is one thing to simply say that a dead civilian in the street was KIA, but it is quite another to do so if their hands were tied behind their backs. I suspect that modern forensics will have quite a bit to say about that, not to mention testimonial evidence of survivors.
Let there be no doubt -- there is absolutely no question who the good guys are here, and what even a skeptically viewed plurality of the evidence would suggest, particularly to a jury of prevailing parties. But war crimes are a much more technically complicated matter than you might think (and have been criticized as such).
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