New York City Mayor Zohran Mamdani has said his administration is examining whether Israeli Prime Minister Benjamin Netanyahu could be arrested if he visits New York for the 81st United Nations General Assembly (UNGA) in September.
Speaking on The New York Times podcast, The Interview, Mamdani said his legal team was reviewing the issue in light of the arrest warrant issued by the International Criminal Court (ICC).
“I believe Prime Minister Netanyahu belongs in The Hague,” Mamdani said, describing the Israeli leader as a “war criminal” facing ICC charges over alleged war crimes and crimes against humanity.
When asked whether New York City had the legal authority to arrest a visiting foreign leader, Mamdani said discussions were ongoing within the city’s legal department.
“That’s an active conversation with our legal department,” he said. “We have no interest in stepping outside the bounds of legality.”
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 Hamas’ October 7, 2023 attack.
Israel has rejected the allegations, insisting its military operations comply with international law. Netanyahu has dismissed the ICC warrants as politically motivated.
The mayor’s comments have revived debate over whether ICC arrest warrants can be enforced in countries that are not parties to the Rome Statute, the treaty that established the court.
The United States is not a member of the ICC and has no treaty obligation to execute its warrants. Successive US administrations, including those of Presidents Donald Trump and Joe Biden, criticised the ICC’s decision to pursue warrants against Israeli leaders.
US Secretary of State Marco Rubio recently accused the ICC of overstepping its authority and pledged to “dismantle” the court, arguing that its actions against American allies undermine international law.
Mamdani, who has been an outspoken critic of Israel’s military campaign in Gaza, has repeatedly described the offensive as “genocide,” an allegation Israel strongly denies, maintaining that it is exercising its right to self-defence against Hamas.
His remarks drew immediate criticism from senior US officials. US Ambassador to the United Nations Mike Waltz dismissed the suggestion as “pure political theatre,” reiterating that Washington does not recognise the ICC’s jurisdiction.
Netanyahu also brushed aside the comments during an interview with WABC radio, indicating they would not alter his travel plans.
Israel’s Ambassador to the United Nations, Danny Danon, confirmed that Netanyahu intends to 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 said.
The issue is expected to remain a subject of legal and diplomatic debate ahead of the September UN General Assembly, where dozens of world leaders are expected to gather in New York.
Legal experts note that, under the UN Headquarters Agreement, the United States is generally expected to facilitate the entry of foreign leaders attending UN meetings. However, because the US does not recognise the ICC’s jurisdiction, any attempt to enforce the court’s warrants against Netanyahu would face significant legal and diplomatic challenges.
