Was the order to cause "shock and awe" in Iraq in 2003 a punishable war crime?

The Treaty of Rome that governs the International Criminal Court (ICC) identifies the causing of "excessive incidental (civilian) death" as a punishable war crime. Since it is now undisputed that the "shock and awe" invasion of Iraq caused tens of thousands of civilian deaths with no proportionate justification, should those who ordered the invasion (George W. Bush, Richard Cheney and Donald Rumsfeld)be prosecuted as war criminals? If so, how can this realistically be accomplished in light of the fact that neither the U.S. nor Iraq have sanctioned the Treaty of Rome, as well as the fact that U.S. courts are prone to disallow such war-related prosecutions on the basis of the "political question doctrine", as well as lack of "standing"?

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Credit: Petr Kratochvil. PublicDomainPictures.net.
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Image source: Historic Environment Scotland
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