I have a diary on the subject to finish once I get settled back in, but this still seems like a strange misreading of the mission of the ICC. The Court is only supposed to step in if a country is not willing or not able to prosecute its own war criminals. In practice one should add - too weak to make it not worth it.

The only way I could possibly see an ICC prosecution of senior US officials is if they had been pardoned by Bush, and Obama approved of a Hague prosecution, and there was enough popular support for the concept to not make it political suicide. Without at least tacit US approval it won't happen. Just like Putin isn't getting arrested any time soon. Russia would object, and the rest of the major powers would see it as a far too costly action.