2) I'd love to prosecute everyone involved in the War Crimes in Vietnam but it ain't gonna happen with people(And I don't want to open this can o' worms here) in America still feeling the way they do about 'Nam.
3) This reminds me of arguments I had during the bombing of Serbia in '98(I was for them) where lots of people said "Well NATO isn't helping east timor or Rwanda or....." what have you. Leaving aside geography I've never been a big fan of the "Well, we can either be 100% right or 100% wrong but we have to be consistent" school of thought. So McNamara and Nixon and Kissinger and Pinochet and lots of others should be brought up before the War Crimes tribunal but does that mean Slobo shouldn't? I've got no problem with Slobo being locked up in a 2 X 2 cell for the rest of his natural life, regardless of who should be joining him.
To the victors go the spoils. War is a punitive act by one nation(s) against another. Losers know what is coming which is why so many manage to make sure they put themselves beyond the reach of the winners.