Agency Report
New York City Mayor, Zohran Mamdani, has said his administration is reviewing whether Israeli Prime Minister Benjamin Netanyahu could be arrested if he travels to New York for the 81st United Nations General Assembly (UNGA).
World leaders are expected to attend the annual UNGA forum, which will hold in September this year.
When he featured on The New York Times podcast, The Interview, Mamdani made reference to an outstanding arrest warrant issued by the International Criminal Court (ICC).
“I believe Prime Minister Netanyahu belongs in The Hague,” Mamdani said.
“He’s a war criminal who has been charged by the International Criminal Court. That is an opinion shared by many because of what his actions have wrought over these last several years.”
Asked whether New York City had the authority to arrest a visiting foreign leader, the mayor said the city’s legal team was examining the legal implications of such a move, which he noted was consistent with a campaign promise he made during the mayoral election.
“That’s an active conversation with our legal department,” he said. “What we’ve seen at the national level is a willingness at times to write its own laws or step outside the bounds of legality. That is not something we have any interest in doing.”
The remarks have reignited debate over the enforceability of ICC warrants in countries that are not parties to the Rome Statute, the treaty establishing the court.
The ICC issued arrest warrants for Netanyahu and former Israeli Defence Minister Yoav Gallant in November 2024 over alleged war crimes and crimes against humanity linked to Israel’s military campaign in Gaza following the October 7, 2023, Hamas attack.
Israel has rejected the allegations, insisting its military operations comply with international law, while Netanyahu has dismissed the warrants as politically motivated.
The United States is not a member of the ICC and is therefore under no treaty obligation to execute its arrest warrants. The administration of President Donald Trump has maintained a hardline stance against the court, accusing it of overstepping its mandate.
US Secretary of State Marco Rubio recently vowed to “dismantle” the ICC, describing the court’s actions against American allies as an abuse of international law. Both Trump and former President Joe Biden had previously criticised the ICC’s decision to seek warrants against Israeli leaders.
Mamdani, a long-time critic of Israel’s military campaign in Gaza, has repeatedly described the offensive as a “genocide”—an allegation strongly rejected by Israel, which argues it is exercising its right to self-defence against Hamas.
His comments drew swift criticism from senior US officials. US Ambassador to the United Nations Mike Waltz dismissed the mayor’s remarks as “pure political theatre,” reiterating that the United States does not recognise the ICC’s jurisdiction.
Netanyahu also brushed aside Mamdani’s comments during an interview with WABC radio host Sid Rosenberg earlier in the week, suggesting they would not affect his plans.
Meanwhile, Israel’s Ambassador to the United Nations, Danny Danon, insisted the Israeli leader would attend the UN General Assembly as scheduled.
“Prime Minister Netanyahu will come to New York, address the United Nations General Assembly with pride, and stand before the world to state Israel’s truth and its unwavering right to defend its citizens,” Danon wrote on social media.
The controversy comes ahead of the annual UN General Assembly, where dozens of world leaders are expected to gather in New York in September.
While host countries are generally expected to facilitate the attendance of foreign leaders at UN meetings under the UN Headquarters Agreement, legal experts note that questions surrounding the enforcement of ICC warrants in the United States remain largely theoretical because Washington does not recognise the court’s jurisdiction.
Mamdani’s remarks are therefore expected to fuel further political and legal debate over the relationship between international justice, diplomatic immunity and US domestic law as preparations for the UN summit continue.
