The USA obtained a blanket immunity for 12 months, to be renewed only by request at the end of every 12 months, was obtained in July 2002 under Article 16 of the Rome Statute. The USA wanted the immunity to automatically roll over for successive 12-month periods, thereby effectively making it permanent.
Article 16 of the Rome Statute provides for Security Council deferrals only on a temporary, case-by-case basis. The US proposal constitutes a generalized preventive exemption clearly not envisaged by Article 16 and, accepted, gives has elevated the USA to the status of a country above international law.
3. The US proposal represents a bad precedent because it gives the Security Council authority to amend international treaties and undermines the integrity of the Council.