Update from Time magazine:

The lawsuit filed in Germany this week against Defense Secretary Donald Rumsfeld and other senior Administration officials for alleged war crimes in Abu Ghraib and Guantanamo has little chance of making it into court. That's according to Andreas Zimmerman, a professor of international criminal law at Kiel University who helped negotiate the Rome Treaty that founded the International Criminal Court and who drafted the German law under which Rumsfeld has been charged. Under German law, the decision over whether to try the case will rest with the federal prosecutor rather than with a judge. Federal prosecutors, of course, are subject to the wishes of the government, and the government is unlikely to press a case that would antagonize its American allies. "In theory the prosecutor could find him guilty of torture and put him in custody if he visited," says Zimmermann. "But in reality nothing is going to happen."