the argument that ICC critics make is that it should only target alleged perpetrators from countries that don't have democratic systems with independent courts. but some crimes are so heinous, or embarrassing to the home country, or the perpetrators so powerful, that domestic courts won't act.
it's been the case since the Rome Statute was first being written when Bill Clinton was president and has carried through as a policy ever since. like, nobody wants to be the one who has to be like "yeah, our servicemembers did crimes, and we handed them over without a fight"
