>Please note that the court will NOT act retroactively - only on war crimes commited after the court is approved.

I guess you are right. Check this out

"Since abrogating the Clinton administration's signature last year, the Bush administration has persuaded 24 countries to sign bilateral agreements with the United States, pledging not to surrender to the court U.S. nationals or foreigners working under U.S. contract. The U.S. Congress has passed legislation authorizing the president to take "all means necessary" to free Americans taken into custody by the court."
http://www.washingtonpost.com/wp-dyn/articles/A12630-2003Mar11.html

>What is it that Kissinger is accused of?

"Complicity in coup against Chilean government plus the "killing, injury and displacement" of three million people during Vietnam War."
http://www.globeandmail.com/servlet/story/RTGAM.20030311.wnnagee3/BNStory/National/