> The highest court in the US is the supreme court and every court any of us can be subjected to is under it.

I'll buy that argument as long as Americans stay inside their own borders. When you choose to enter another country you are subject to their laws whether you agree with them or not. Afghanistan has signed on to the ICC and the activities being investigated took place in Afghanistan.

Having said that I don't expect US policy to change on this issue regardless of who wins the next election. Letting US soldiers be tried for war crimes is bad politics.