USA03 June, 20263 min read
Zohran Mamdani Examines Legal Authority To Detain Benjamin Netanyahu During September UN Visit
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Mamdani is reviewing legal authority to arrest Netanyahu if he visits NYC for UNGA. City's Law Department discussions are underway about whether such arrest is legally possible.
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Mamdani weighs arrest
New York City Mayor Zohran Mamdani said his administration is examining whether it has the legal authority to detain Israeli Prime Minister Benjamin Netanyahu if he travels to New York for the United Nations General Assembly in September. Mamdani told The New York Times podcast The Interview, “I believe that Prime Minister Netanyahu belongs in The Hague,” while describing the issue as tied to the International Criminal Court’s arrest warrant. He said the question is being reviewed by the city’s Law Department and that discussions remain ongoing over what powers, if any, are available to the mayor and the New York Police Department.
Mamdani also said, “Whatever the law allows me to do in New York City, that’s what we will do,” and added that he would not be “writing our own laws” to that end. The ICC has issued arrest warrants for Netanyahu in 2024, alleging war crimes and crimes against humanity in Gaza, including “starvation as a method of warfare” and “other inhumane acts.”
Netanyahu and Danon react
Israel’s ambassador to the United Nations, Danny Danon, condemned Mamdani’s remarks, saying Mamdani “chose to incite hostility and create headlines by attacking the State of Israel.”
Danon added, “The Prime Minister of Israel will come to New York, address the General Assembly of the UN with pride, and stand before the world.”
Netanyahu dismissed the threat in an interview with New York radio host Sid Rosenberg, accusing Mamdani of siding with Hamas after the Oct. 7, 2023, attack on Israel triggered the war in Gaza.
Netanyahu said, “He’s condemning Israel, the one democracy that stands shoulder to shoulder with American values,” and also told Rosenberg, “He’s with the terror actors.”
Mamdani defended his position by pointing to the ICC warrant, saying, “He’s a war criminal who has been charged by the International Criminal Court,” and arguing that the view is held by many because of Netanyahu’s actions over “these last many years.”
UNGA visit and legal friction
World leaders from United Nations member-states are expected to travel to New York City in September for the body’s annual session, and Netanyahu has often participated in the General Assembly in years past. Mamdani said he will “follow the laws” of the city, and when pressed by Lulu Garcia-Navarro about what he meant, he replied, “That’s an active conversation with our legal department.” The Hill reported that Mamdani characterized the Israeli military’s actions in Gaza as a genocide, while the ICC warrant against Netanyahu cites alleged war crimes and crimes against humanity in Palestine, including “starvation as a method of warfare” and “other inhumane acts.”
“That’s an active conversation with our legal department.”
The Times of Israel reported that Mamdani has said he would order the NYPD to enforce arrest warrants against leaders wanted by the ICC, while also noting that the court does not have jurisdiction in the US and that US federal law makes it illegal for local government to cooperate with the court. In the same reporting, the Times of Israel said a separate federal law prohibits imprisonment and obstruction of foreign officials, including heads of state, and it cited that New York Governor Kathy Hochul stated that “The New York City mayor does not have the power to do that.”