Originally Posted by Skybird

Your question was answered. He cannot be sued for war crime because his action does not qualify the legal definition of "warcrime".You could as well ask if he could be sued for raping somebody. If you see somebody stealing a car you hardly can sue him for forging some elections.

Take note of that the term "war crime" is not randomly chosen, or is not arbitrarily in content, but is defined in international treaties and conventions. If you use the term, stick to these. If you don't, do not use the term as well.