Outside of one well-publicized (and quickly squelched) attempt in Belgium, no one has tried to formally indict Bush. But both Oxfam International and the U.S. group Human Rights Watch have warned that some of the actions undertaken by the U.S. and its allies, particularly in Iraq, may fall under the war crime rubric.
The case for the prosecution looks quite promising. First, there is the fact of the Iraq war itself. After 1945, Allied tribunals in Nuremberg and Tokyo — in an astonishing precedent — ruled that states no longer had the unfettered right to invade other countries and that leaders who started such conflicts could be tried for waging illegal war.
Concurrently, the new United Nations outlawed all aggressive wars except those authorized by its Security Council.
Today, a strong case could be made that Bush violated the Nuremberg principles by invading Iraq. Indeed, U.N. Secretary-General Kofi Annan has already labelled that war illegal in terms of the U.N. Charter.
Second, there is the manner in which the U.S. conducted this war.
The mistreatment of prisoners at Iraq's Abu Ghraib prison is a clear contravention of the Geneva Accord. The U.S. is also deporting selected prisoners to camps outside of Iraq (another contravention). U.S. press reports also talk of shadowy prisons in Jordan run by the CIA, where suspects are routinely tortured. And the estimated civilian death toll of 100,000 may well contravene the Geneva Accords prohibition against the use of excessive force.
...like the GOP always says:
We don't need new laws. We simply need to enforce the ones we already have.