>The U.S. has not ratified the treaty creating the court and does not intend to, so in essence, Chris is correct.

Chris is still incorrect. Regardless of a nation willingness to particpate in the war crimes court, its citizen can still be tried.

"Note, however, that a citizen of one of the 'objector nations' could still find himself before the Court if he were to travel to a country which is a signatory to the treaty, regardless of the fact that their country of origin is not a signatory."
http://en.wikipedia.org/wiki/War_crime#International_Criminal_Court