Indeed it is a war crime but perpetrator is Hamas not Dichter. Hamas should be held responsible for the loss of innocent lifes. US generals ordered to bomb Nazi military installations during WWII. That bombardment took much more innocent German lifes but they are not war criminals. Why not compare Dichter to those generals?
Roadside bomb kills five border officers in western Iraq (AP)
from the article: U.S. District Court in Manhattan clears Dichter in war crimes suit