the united states, israel and others had an opportunity to have a seat at the icc and it chose not to take it. while that means that these countries are outside of the icc's jurisdiction, that doesn't eliminate the icc's jurisdiction over those countries that have chosen to work with it. the united states needs to respect the independence of these nations even more so than the independence of the court.
however, i think the baselessness of the icc accusation demonstrates that the icc also needs reform, as much as the charter limitations made apparent by the icj's injunction indicate that it needs reform. the united states should be involved in this reform process.
the united states should react by reversing it's previous wrongheaded policy and choosing to participate in the court, not by threatening to sanction it. american participation in the icc could present a number of attractive options for getting rid of people like saddam hussein and implementing regime change in iran or saudi arabia that are better than the military option.
the icc should be a tool to implement the hegemon's policies, not an annoyance in it's side. this request for an indoctment indicates that it was a mistake to avoid participating in the icc and that this mistake should be corrected.