Russia isn't a state member of the ICC either but that didn't stop the US and allies from enthusiastically pushing for the ICC to issue a warrant for Putin's arrest.
There's some academic debate about whether the ICC theoretically has jurisdiction over non-states members, but realistically nobody is going to do shit against either Russia or the US.
The US doesn't even recognize the ICC to begin with.
Russia isn't a state member of the ICC either but that didn't stop the US and allies from enthusiastically pushing for the ICC to issue a warrant for Putin's arrest.
There's some academic debate about whether the ICC theoretically has jurisdiction over non-states members, but realistically nobody is going to do shit against either Russia or the US.