Various states don't recognize the ICC, but that doesn't stop prosecution. What does stop prosecution is if no one transfers you to the ICC or you have a state

Various states don't recognize the ICC, but that doesn't stop prosecution. What does stop prosecution is if no one transfers you to the ICC or you have a state that is willing to invade if the ICC prosecutes you. In theory, the US falls in the latter category, many others fall in the first. Nonetheless, people have been prosecuted even if their state of origin didn't recognize the ICC. Otherwise, it would be really easy for some crackpot dictator to just say his state didn't recognize the ICC under his dictatorship, so he cannot be prosecuted.