"The case" is fundamentally flawed, because you can not judge a war crime by recovered evidence and post-hoc reconstructions. That's simply not what matters. It comes down only to the knowledge and intent of the soldiers and their command structure in the moment. In a war where their opponents frequently refuse to display identifying markings and indeed use subterfuge routinely, there is essentially no case to make.

War, of course, can not be prosecuted any other way. It is not police work, the artillery man, fighter jet pilot and indeed the simple infantry is routinely going to shoot at what they can not see and do not independently confirm. There is no crime in that.