International tribunals such as the ICC only have jurisdiction over countries that voluntarily consented to the jurisdiction. Neither Israel nor the U.S. have consented to the jurisdiction of the ICC, hence they cannot indict officials of either country. Further, "Palestine" is not a country, not recognized by any civilized nation, and even if it were, it has no officials who could represent it in any international forum.
Both Israel and the U.S. have "independent" judicial systems, that is judicial systems where the chief Executive CANNOT overrule the findings of the judicial system, and in fact judicial systems which have a record of going against the Executive from time to time. Both the U.S. and Israel have laws that govern the prosecution of wars and other military actions, and the Executives in both cases are subject to prosecution for breaking those laws.
There is really no question about what is happening in Gaza. Israel is fighting Hamas, which attacked Israel in an act of aggression very seldom seen in modern times. As long as Hamas remains in power in Gaza and continues fighting Israel (rather than surrendering and releasing its hostages, living and dead), Israel will continue to fight Hamas. In fact, Hamas is the only party that has the power to stop the hostilities instantly, yet they refuse to do so.
It is also universally known that Hamas intentionally maximizes "civilian" casualties with the way it mounts its defenses and prosecutes the war. While the deaths of "innocents" is regrettable, each and every such death must be placed at the feet of Hamas. Prosecuting the Prime Minister of Israel for war crimes tells you everything you need to know about the ICC. We were right not to sign on.
