You are demanding a level of forensic proof that is impossible to provide given the circumstances. There was absolutely no proof whatsoever that the Germans were exterminating the Jews other than the fact that everyone was pretty confident that that was what was going on. Proof - incontrovertible proof - of the planned crimes of fascist regimes can only come after we invade them or after they attack us. That is nature of the world we live in. The stakes of the game after 9/11 are so high that wating to find out what people like Hussein are going to do next has suddenly become the worse option.
The U.S. was never able to pin anything other than tax evasion on Al Capone. Imagine the difficulty if Capone had had his own country. "Innocent until proven guilty" is a fine principle to apply to an individual. It is a terrible principle to apply to fascist regimes pursuing an atom bomb.