Similarly, someone has to set the laws for war as well, to define what a "war crime" and "false pretenses" are.
Everyone believes his or her point of view, that one specific version of war crimes is correct and above the realm of politics. Ultimately though, everything is "different strokes for different folks". Abortion? Killing unborn children, or denying women's rights?
Who has convicted any of George Bush, Condoleezza Rice, etc. for war crimes?
And who ultimately gets to decide and enforce the actions of an international court? Whoever has the biggest army. "One man's terrorist is another man's freedom fighter". No one has a big enough army to put Americans on trial for any war (bet it Vietnam, Korea, Kosovo, Iraq)
The one thing I agree most with is that Rice's actions are far more substantial and far-reaching than Eich's. On her imaginary resume somewhere is presumably "Secretary of State" and everyone's mental bullet point of "Iraq War" - that is part of her professional career and she should be judged upon that for job fitness. As offputting or not one may consider Eich's actions (what if it were not gay marriage but some other minority position in the tech world, say pro-life or anti-marijuana legalization he had donated to?), his were pretty much completely separated from his professional career.