Netzai Sandoval, the lead attorney for a group of activists in Mexico will file a complaint tomorrow to the International Criminal Court in the Hague (ICC) against "President Calderon, ministers Genaro García of public security, Guillermo Galván of defence and Mariano Saynez of the navy, as well as Joaquín "el Chap" Guzmán, head of the Sinaloa cartel, to determine the degree of their responsibility for the violence battering Mexico."

Sandoval listed the war crimes he considers within the jurisdiction of the International Criminal Court's prosecutorial options.

SANDOVAL: "We are petitioning that the court to investigate forced disappearances, the recruitment of children under 15 as hit-men, extrajudicial executions by soldiers, mutilation as a form of intimidation, attacks against the civilian population, forced displacements, the raping of women and girls, acts of torture perpetrated and tolerated by the army, attacks targeting drug rehabilitation centers, and the kidnapping, sale and enslavement of migrants by Mexican immigration authorities."

Some groups see the filing as a waste of time in that it doesn't fall within the category the Rome statute of the ICC requires:

"Action by the Court is only justified when a state cannot or will not institute a criminal action to punish certain crimes defined in the Rome Statute ... Neither of these two premises applies in this case," it added.

However, it appears Sandoval's actions will open up more investigation of possible "collusion between the Mexican government and the Sinaloa cartel, based on testimony from Jesús Vicente Zambada - the son of Ismael Zambada, Guzmán's right hand man in the leadership of the Sinaloa cartel" who has been held since 2009 in a Chicago prison.

As a narcostate, Mexico is under siege. Law abiding Mexican citizens have the right to be free from cartel terror.

Read more Ann Kane at Potter Williams Report