As I understand it, under the genocide convention--a lot of what you've been talking about is the criminalization of the head of state, the activities of Ahmadinejad himself--it would be possible for a government that's a party to the convention to bring a case against another state in front of the ICJ, let alone the ICC; but let's set aside the ICC for a moment.
One of the issues we have to get to is how do we get this beyond a political science discussion, if you'll pardon the expression? How do we encourage a state to actually take this issue sufficiently seriously that we move it beyond the academic discussion and take it into the realm of statecraft, into the realm of diplomacy, so that the discussions that President Obama and others are having with the Government of Iran are taking place in a context where clearly it isn't simply business as usual and there's a very profound case that the Government of Iran has to meet?