- The U.S. hasn’t ratified the ICC statute.
- Not enough countries have ratified the statute for the ICC to become active.
- The ICC can’t prosecute acts of terrorism but if the Security Council judges an act to be one of “aggression” then the court can prosecute.
- The ICC will act only when national courts are unwilling or unable.
So it seems the ICC won’t be very useful in the current situation since it doesn’t really exist yet. The U.S. could ask the Security Council to compel the cooperation of terrorist-supporting countries in apprehending criminals for trial in the U.S.