The international law as a whole is written to serve the victors of the WWII, and the violators of the international law are the ones with loudest voices when it comes to minor unproven crimes, mostly they're behind, in calling for investigating, take Syria for example and the chemical attacks. Each time Syria would can for investigating them the request is blocked by the western powers at the UNSC.
A referral by the UNSC is needed for the ICC to work.
Each time a chemical attack is allegedly committed in the country, and due the sake of a media hype and onslaught attack against the government, the western powers scream violation of international law, they don't wait to see what happened and immediately try to punish the Syrian State, but when the dust settle down and reality exposes the real violators, they're the same ones who block any investigation by ICC and other intensively bodies, it's sick and overused already.
And the above is just a small example.
Take a look at the creation and use of ISIS: https://www.syrianews.cc/isis-the-bombshell-interview-to-impeach-obama/
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