New York mayor Mamdani weighs legal options to arrest Netanyahu over war crime

New York mayor Mamdani weighs legal options to arrest Netanyahu over war crime
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Summary "I believe that Prime Minister Netanyahu belongs in The Hague. He's a war criminal who has been charged by the International Criminal Court," Mamdani told The New York Times

(Web Desk) – New York City Mayor Zohran Mamdani has said his administration is reviewing whether any legal action could be taken if Israeli Prime Minister Benjamin Netanyahu visits the city later this year, following the International Criminal Court's (ICC) arrest warrant against the Israeli leader over alleged war crimes in Gaza.

Netanyahu is expected to travel to New York in September to attend the United Nations General Assembly (UNGA). In an interview with The New York Times, Mamdani said he believes the Israeli prime minister "belongs in The Hague" and stressed that his administration is examining the legal implications of the ICC warrant.

"I believe that Prime Minister Netanyahu belongs in The Hague. He's a war criminal who has been charged by the International Criminal Court," Mamdani told The New York Times, adding that his administration was reviewing "what options are available under the law."

The mayor emphasized that his comments were not based on personal opinion but on the legal significance of the ICC's action.

"We're not talking about a personal assessment of Benjamin Netanyahu. We're talking about the International Criminal Court and the fact that they have a warrant out for this prime minister's arrest," he told the newspaper. "As the mayor of New York City, I'll be following the laws of New York City."

The ICC issued arrest warrants in November 2024 for Netanyahu and former Israeli Defence Minister Yoav Gallant, accusing them of alleged war crimes and crimes against humanity, including the use of starvation as a method of warfare and intentionally directing attacks against civilians during Israel's military campaign in Gaza. Israel rejects the allegations, while Netanyahu has dismissed the charges as politically motivated and challenged the court's jurisdiction.

Legal experts cited by The New York Times noted that New York City has no independent authority to enforce an ICC arrest warrant against a visiting foreign head of government. Any such action would fall under federal jurisdiction, while diplomatic protections and US obligations under international agreements would also come into play.

The remarks drew swift criticism from Netanyahu and senior US officials. In an earlier interview with WABC radio, the Israeli prime minister accused Mamdani, without providing evidence, of sympathising with Hamas, calling him "with the terror actors" and claiming he "secretly hates America."

US Ambassador to the United Nations Michael Waltz also dismissed the mayor's comments, describing them as "pure political theater." In a post on X, Waltz noted that the United States is not a party to the Rome Statute, the treaty that established the ICC, and said the UN Headquarters Agreement provides diplomatic protections for visiting heads of government attending UN meetings.

The controversy comes as international scrutiny of Israel's military campaign in Gaza continues to intensify. While more than 120 countries are parties to the Rome Statute and are obligated to execute ICC arrest warrants, the United States and Israel are not members of the court, complicating any effort to enforce the warrant during Netanyahu's expected visit to New York.

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