"However, the ICC is unlikely to open a case against the British in Iraq. For starters, the member states have only agreed to include the crime of aggression in the ICC's statute (alongside war crimes, crimes against humanity and genocide) in 2009. At the ICC's first major press conference in The Hague (July 16 2003), the Chief Prosecutor acknowledge that nearly 1/4 of the 'communications' his office had received in the institution's first year concerned complaints related to Iraq. But, said Mr. Moreno-Ocampo, the ICC did not envision taking up these cases due to the principle of complementarity, which says that national courts have the first chance to investigate and prosecute incidents attributed to its nationals. "
The Downing Street memo and its more recent follow up so clearly indicate a war of aggression by Blair and Bush we should start a National prosecution now.
The International Court is very unlikely to act until we set our own house into order.
