I'll preface it with the only part of the US argument against the ICC that is somewhat principled and reasonable: there is some concern that it'd be used for political prosecution of US service members or decision makers outside of constitutional guarantees like a jury trial
I don't think it actually would happen if it joined but since it's the US I can also imagine someone being pushed to (or doing it for some personal fame) to bend the procedural rules to at least launch an investigation that wouldn't generally be launched if the facts were the same in another western country.
That being said, their accusations towards the ICC as it has operated so far (as opposed to why they don't join) are mostly pretextual and right now they're mostly motivated by their alliance with Israel which is being investigated over Gaza
Unless you count the historical city center of Venice as a big city I doubt you'd get many big cities getting even close to those numbers
I can't easily/quickly find some numbers but if we want to accept, with a grain of salt, Gemini research on this even in Venice (I think it counts Mestre as well) it's ~15% and that's the highest it found.
In this case my understanding is that they determined vpn-s as a tool to fall outside the scope of the law and so they struck down an attempt to enforce the law
If the law got changed so that vpn-s are now within the scope of the new law then you'd expect them to not apply the same reasoning anymore in examining a similar case
Judicial review would come into play if the challenge was about the updated law being inconsistent with some more important law such as the treaties or charter
Hacking is a concern in both but the bigger issue is potential for abuse of power.
In the case of border checks the target is by necessity someone that isn't a citizen. This means that:
1. We generally afford them less safeguards than citizens so it creates less precedent (both legal and in terms of overton window)
2. The potential for abuse is ultimately less because a traveler on a short term visa is unlikely to still be in the country / unable to leave if a hostile government comes to power and intends to abuse the data
Also fingerprints and a picture are significantly less invasive than pervasive video surveillance in public spaces
I don't think it actually would happen if it joined but since it's the US I can also imagine someone being pushed to (or doing it for some personal fame) to bend the procedural rules to at least launch an investigation that wouldn't generally be launched if the facts were the same in another western country.
That being said, their accusations towards the ICC as it has operated so far (as opposed to why they don't join) are mostly pretextual and right now they're mostly motivated by their alliance with Israel which is being investigated over Gaza
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