Today's Date:

Mr. de Villepin talked at length about the ICC with Colin Powell yesterday. The United States has submitted to the other Security Council members a new draft resolution which shows a certain concern for flexibility.
In order to take into consideration the encouraging development which this new American text represents, France, which had drafted its own proposals, has agreed to work on the basis of the draft presented by the United States. Negotiations are continuing in New York on a compromise which has yet to be definitely reached. It has to respond to Washington's concerns while preserving the international obligations of the States parties to the Rome Treaty that established the International Criminal Court.
France is continuing its efforts to improve the text so that it presents a satisfactory balance, consistent with our international obligations, around which the consensus of the Security Council members can be expressed.

Neither one nor the other. For one, it would set a very unfortunate precedent for the Security Council to try to amend a treaty, I think everyone is very well aware of that. And two, it's not about a special waiver for the U.S.
The intention, through a Security Council decision on UNMIBH, is to express the state of the Council's deliberations on the possibility of invoking one article of the Statute of the Court, namely article 16.