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Probably he should be.
The US wields a huge amount of influence generally in the world, and specifically in the Hague. Behavior that would get other leaders called to task is generally ignored if it's done by the US.
It's not fair, but it is the way that the world works.
It gave a pretense for any powerfull nation to do what they want. This was used by Putin to invade Ukraine. It is hard to be the nation who lead the world, as you lead by example
We can say the same thing about why Hillary Clinton and Joe Biden haven't been prosecuted either.
Seems like it's a lil hard to prosecute presidents who support the war machine.