The International Criminal Court typically doesn't indict war criminals, if a nation investigates it's own abuses. It will usually leave prosecution to that nation. And a wide range of options is available to that nation, including things like reconciliation courts. Criminal prosecutions and prison are not necessarily always the outcome.
But in the situation where abuses are apparent and the nation in question refuses to police it's own, the ICC can and will step in as the international authority regarding justice and international law.
So Eric Holder is actually likely staying the hand of the ICC and protecting the Bushies from international justice. Think they will say thank you?
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