While I understand your point about the optics of it, optics should play no role in determining whether somebody is guilty of war crimes. When optics are a primary factor, war crime laws are a tool the powerful use to punish the weak.
I have my issues with the ICC, but they are supposed to enforce international law impartially.
But media, PR and politics don’t play by these rules. Mention two things together and the messages will go through.
A similar example would be Whataboutism, a logical fallacy, but it seems to work very well in politics.