First, war crimes is defined as:

a crime (such as genocide or maltreatment of prisoners) committed during or in connection with war.

Second, yes, a strong case can be made that George Bush and Dick Cheney are ultimately responsible for the torture and murder of Iraqi prisoners, which resulted from policies that were approved by Secretary of Defense Donald Rumsfeld, White House Counsel Alberto Gonzales, and Vice President Cheney himself.

The Nazis tried that defence at the Nuremberg trials, and the Allies (the US, UK and Russia) found them guilty. Leaders have to be responsible for their country's actions. And for a comparison of the seriousness of the crimes committed by the Axis during the second world war, check out the trials as well as the Japanese soldiers that were executed by the Allies for water boarding.

The fact that our governments haven't stuck by/up held the principles and laws that they set after WWII is an insult to those who fought during that war and has eroded the value of any moral victories gained.

Our government's attitude and behaviour in this debacle is disgusting. And I think it's a crying shame that, even though they should, they will never be tried.

This sounds like quite a loophole, but it is "technically" true, unfortunately.