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.