Was he a US citizen and subject to US law?
Did he personally commit crimes on US soil?
Is there evidence directly connecting him to the actions of others that did commit crimes in the US?
Has the US ratified joining the International Criminal Court?
Has the ICC issued a warrant?
Was he captured in a theatre of war/conflict? And subject to those rules?
So, what legal system are we using to judge innocence or guilt and why are we using it/under what authority?
Once you get past what legal system and why, you can turn to the whole innocent until proven guilty thing.
And the first problem is going to be justifying why almost all of your prosecution evidence is going to be 'secret' and not subject to proper disclosure and cross examination.
Followed by how do you get a fair trial at all?
It is somewhat the same problem as Hitler Obviously guilty of bad things. But not that much in direct evidence and difficult to try.
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