Funny you should ask. I think we should *expand* the war on terrorism and rebrand it as the War on Really Nasty People in General, which would of course include war criminals. This way, we could offer to present, say, Ariel Sharon and Henry Kissinger before the bar of international justice, if bin Laden's hosts would be willing to do the same with him. This would immunize the US in the world's eyes against charges of hypocrisy and contribute to our moral stature everywhere. I see this as providing strong incentive for turning OBL over without any more to-do, and Sharon and Kissinger, of course, would have nothing to fear from international justice, since their records are so eminently defensible (emoticon of your choice here). At worst, Sharon and Kissinger would get executed as well as OBL, but in dire times like these there are certain sacrifices we must be prepared to make.
My response:
I'd be down with that except that war criminality is expandible and contractible in a number of ways, some of which may be more or less disputable and practical. Sharon and Kissinger are easy targets, but what about Clinton re Yugaslavia, Bush Sr. re a whole buncha shit, etc?
The radical international legal approach is an interesting tactic as a bluff-call (there is no way they'd actually do it), but I'm not sure how broad the definitions should be, and if not actively curtailing some bredth of definition would result in the tactic being a total failure.