Kerry's problem is that he claimed that war crimes were systematic, part and parcel of what soldiers did every day in Vietnam, and under government orders to do it.
It's my understanding that there's no statute of limitations on warcrimes and if I'm not mistaken there might be another confessed war criminal out there.
I know what you're saying -- I agree that the (alleged) facts in this case don't fit the point Kerry was making in his testimony. Still, Kerry and his supporters have a black belt in moral relativism. They'll have no problem taking the facts and twisting them into some justification of Kerry's actions.
Words and facts don't mean anything to these people -- words and facts only exist so they can be used as a way to get and keep power.