Most countries' rulers are criminal in some way or another. If he lose he will become war criminal for sure but if he wins only losers will call him like this.
I agree with your analysis. If NATO wanted to overthrow Gaddafi and to install puppet goverment they should have start land operation.
Not even the losers, not even them. The only purposes of the so-called "international courts" is to provide some casus beli, or to justify wars a posteriori, or to get rid of deposed but still inconvenient heads of state. If a war goes wrong and the target doesn't get deposed, then said target gets "rehabilitated" for the sake of diplomatic and trade relations. International courts, to put it simply, are kangaroo courts, always have been, always will. Even the ones set up after WW2 notoriously failed to persecute the war criminals from the winning side (Winston Chruchill, Arthur Harris?), and only selectively prosecuted the ones on the losing side (von Braun?).
As for the situation in Libya, I'll just ask this (again): how do you think Qaddafi has maintained the "mercenaries" fighting for him after months of predictions of imminent defeat, bombardments, international siege, and frozen financial assets? No, those cannot be just mercenaries. He may be a bastard, but he has genuine support in a large portion of Libya. That much has been understood already in Paris and London, that's why they're desperately seeking a way out of the war without losing too much face. But not only did they misjudge the willingness of supporters of the Lilyan government to resist, they misjudged Qaddafi also (A difficult fear, after 40 years of watching him). That early ploy to get him to flee the country ("he's fled to Venezuela!") was very badly thought out, and since then they've been insisting on either killing him or convincing him to surrender, as if he was one of the usual crop of arab or African dictators. He isn't - he's not in it for the money, not willing to flee with his loot to Paris or some other european exile. He's in it for the power and for his own delusions of self-importance, and can't even think of surrendering or fleeing.
I have to admit that I think there was more stupidity than malice in the franco-british-american involvement with this particular war. The outcome and the vision of the intelligence and military strategists is surely the usual (weaken and divide the target, so as to control some future puppet government), but the idea of the politicians who authorized it must have been that it would be a quick and easy war.
And now the military and intelligence establishments gets to push for a land invasion, with the argument that "
it's either that or losing!", though they knew very well that it would come to it because bombing alone would fail to overthrown the government of Libya. That establishment thrives on this kind of thing: have their numbers not been growing enormously over the past few years? Are not defense budgets the only untouchable thing in the midst of the economic crisis?