It's pretty fair. He is a war criminal.
The thing is, though, is the only way a war criminal is going to be punished is if:
1. Their country is invaded and defeated (as was the case for the Nazis) or
2. They're an insignificant, lower ranked soldier. Does anyone actually believe, for example, that a bunch of enlisted soldiers came up with all of the stuff at Abu Ghraib on their own?
Most of the Russian leadership should be hung as war criminals for this war, Georgia, Chechnya, etc.
The same holds true for for many western leaders. Bush, Cheney, Kissinger, Blair, etc. should all meet the same fate.