"For a country to be guilty of war crimes, they must be a deliberate policy, widley carried out with either orders, or at least acceptence from high up in the chain of command."

According to my opening quote, the U.S. is as guilty as any individual may be.

"To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole." - Judgment of the International Military Tribunal for the Trial of German Major War Criminals - Nuremberg, Germany 1946.

And according to the links by Ebbie and Metchosin, they (the U.S. administration) know that their actions defy international stamdards.

"The White House's top lawyer warned more than two years ago that U.S. officials could be prosecuted for "war crimes" as a result of new and unorthodox measures used by the Bush administration in the war on terrorism, according to an internal White House memo and interviews with participants in the debate over the issue."