Fair enough. Operating difference is Ukraine is coöperating with the ICC. Afghanistan didn’t in 2017, a reason the ICC cited for rejecting prosecution.
The Taliban could have petitioned to have the case reöpened. But for obvious reasons, they, too, weren’t interested.
(Context: Ukraine ratified. Iraq never did. Afghanistan did under U.S. occupation in 2003.)
The ICC has no jurisdiction in the U.S. We never ratified the Rome statute.