A little more background on the ICC prosecutor in this case. In 2021 the ICC, after some international pressure, re-opened it's investigations into war crimes in Afghanistan. Incredibly, Karim Asad Ahmed Khan, decided to stop investigating US war crimes due to "the limited resources available to my office relative to the scale and nature of crimes within the jurisdiction of the court" and focused only on possible crimes by the Taliban.
All they have to do is watch the "Collateral Murder" video released by Julian Assange. None of the perpetrators have been even charged with an offence despite the world having seen it and the guy who released it languishes still in a maximum security prison convicted of nothing but conveniently silenced.
https://www.icc-cpi.int/news/statement-prosecutor-international-criminal-court-karim-khan-qc-following-application In preparing to resume my investigation, if authorisation is granted,
I am cognizant of the limited resources available to my Office relative to the scale and nature of crimes within the jurisdiction of the Court that are being or have been committed in various parts of the world. I have therefore decided to focus my Office's investigations in Afghanistan on crimes allegedly committed by the Taliban and the Islamic State – Khorasan Province ("IS-K") and to deprioritise other aspects of this investigation. The gravity, scale and continuing nature of alleged crimes by the Taliban and the Islamic State, which include allegations of indiscriminate attacks on civilians, targeted extrajudicial executions, persecution of women and girls, crimes against children and other crimes affecting the civilian population at large, demand focus and proper resources from my Office, if we are to construct credible cases capable of being proved beyond reasonable doubt in the courtroom.
Khan is not a credible impartial arbiter of anything- he is a political activist.