What's staggering about that? The entire reason such a court case can't be built, is exactly that said country made an explicit decision to pursue the issue as a matter of war, and not as a matter of law enforcement. If the USA had been working to bring Bin Laden to trial all these years, the story would be very different. A problematic standard outside of an actual courtroom, or similar setting. Since there is no particular process for producing evidence or otherwise proving anything to you - nor any visible way of ensuring that your doubts are reasonable - you must presume that everyone everywhere is innocent, forever. Unless you can eludicate some practically useful standard of "proof," that is. But I don't think you can.