I think you should remember that an International Court for war crimes, unlike ordinary criminal court, is a political court, governed by political interest.
The best example is that no american ever stood as a defended before that court, although there are countless evidences of
crimes committed in Vietnam.

So, if it will be political right to say that settlers are criminals - they will be, if it won't be polliticaly right - they won't.

I believe Israel is responsible for creating a diplomatic atmosphere where those citizens, most of them truly innocent, won't be considered criminals.

The settlers who are criminals, can be tried and convicted by Israeli law.

"Your ears you keep, and I'll tell you why - so every shriek of every babe, every yelp of every frightened woman saying my god what is that creature, will echo in your perfect ears".
- The Great Pirate Roberts, The Princess Bride.