Will Any Americans Be Charged As Accomplices in Saddam's Genocide Trial? raises an interesting point. Saddam Hussein has been charged for Genocide based on stuff done in the early 1980's. At that time the U.S. government was actively supporting the Iraq government, U.S. officials knew all about the Iraqi use of chemical weapons, the U.S. officials knew Iraq was violating the treaty against chemical weapon use, and despite that those same U.S. officials continued supplying money, armaments, intelligence, etc in Iraq's war against Iran.
That makes Rumsfeld just as culpable in the "Genocide" as is Hussein.
Or, that's what the article says. Like I said, that's an interesting thought.