ICC is still arguably able to set precedent in interpretation of the Geneva Conventions and Customary International Law, both of which the US is subject to
But the USA did the same in Afghanistan, when Afghanistan was a member state. So the ICC could have issued arrest warants for George W. Bush and B. Obama. But there is that thing that the USA has a law that says it will bomb Belgium if they really do this, so…
You forgot to mention the fact that the US is not a member of ICC
ICC is still arguably able to set precedent in interpretation of the Geneva Conventions and Customary International Law, both of which the US is subject to
But the USA did the same in Afghanistan, when Afghanistan was a member state. So the ICC could have issued arrest warants for George W. Bush and B. Obama. But there is that thing that the USA has a law that says it will bomb Belgium if they really do this, so…