Generate text that refutes this claim: Domestic courts are often incapable of providing a fair trial, when they fail the ICC fills the void.  Domestic legal systems will often suffer from a lack of judicial independence and potentially politicised prosecutions, and are also open to allegations of victors’ justice, or whitewashes by a judiciary biased towards the winners of the conflict.  The ICC, as an effective court and with an independent judiciary, provide a suitable and unbiased climate for these cases to be heard in. While it is difficult to give any former head of state a fair trial, it is even more so in cases involving states divided along ethnic and political fault lines where any conviction could be seen as one based on continuing hatreds rather than evidence and criminal procedure.  It is clearly in the interests of the United States and Israel to support the principle that where there is no independent judiciary cases can be moved to a higher level. These states as much as any other desire that those who commit large scale international crimes be brought to book. The ICC for example might provide an alternative method of going after terrorists.  In addition, the principle of complementarity – that the ICC should only prosecute where states have shown themselves unable or unwilling to prosecute - means that when a state can take effective action against war crimes, there will be no role for the ICC. This means that the US and Israel with independent judiciaries should have nothing to worry about unless their judiciary proves unwilling to prosecute if one of their own nationals commits a crime prosecutable by the ICC.
americas middle east house believes us and israel should join international
Independent nations are capable of trying war crimes themselves.  The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.  If the US and Israel do have issues where military officials have broken the international criminal law, they can be dealt with by the existing Courts-Martial of their respective militaries. Both Israel and the US are states that obey the rule of law. The ICC was unnecessary when the US military convicted William Calley for the My Lai massacre, or the Mahmudiyah case.  The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.