New York City Mayor Zohran Mamdani is investigating whether his administration has the legal authority to detain Israeli Prime Minister Benjamin Netanyahu should his expected visit for the UN General Assembly in September occur.
Speaking on the New York Times’ “The Interview” podcast, Mamdani reiterated sentiments expressed during his successful mayoral campaign last year regarding the Prime Minister’s standing under international law.
“I believe that Prime Minister Netanyahu belongs in The Hague,” Mamdani stated, referring to the International Criminal Court (ICC) located in the Netherlands. Following an ICC arrest warrant issued in November 2024 over alleged war crimes in Gaza, Mamdani noted, “He is a war criminal charged by the ICC, an opinion shared by many due to the consequences of his actions over recent years.”
While Mamdani acknowledged uncertainty regarding his direct authority to order the NYPD to detain a foreign head of state, he confirmed he is in “active conversation” with the city’s law department to determine the legal parameters.
“We will act according to what the law permits within New York City, but we will not create our own legislation for that purpose,” Mamdani added.
The ICC warrant for Netanyahu and other Israeli officials includes allegations of war crimes and crimes against humanity in Gaza, specifically citing the use of starvation as a method of warfare, murder, and persecution.
During his campaign, Mamdani described Israel’s military operations in Gaza as genocide and pledged to order the arrest of Netanyahu if he entered the city. He also characterized the October 7, 2023, Hamas attacks as a “horrific war crime.”
Legal experts previously informed the New York Times that such an arrest would likely be a “practical impossibility” and could trigger a direct confrontation with the U.S. federal government.
The United States is not a party to the ICC and does not recognize its jurisdiction. Furthermore, in early 2025, President Donald Trump implemented economic sanctions against the court, maintaining that it lacks authority over the U.S. or Israel. U.S. Secretary of State Marco Rubio has also voiced opposition to the court, accusing it of using international law as a weapon against the country.
Netanyahu, currently managing a challenging re-election campaign in Israel, dismissed Mamdani’s rhetoric during a recent radio appearance.
Netanyahu also leveled accusations against the Mayor, claiming Mamdani supports Hamas. “He is aligned with terror actors,” Netanyahu told New York’s WABC, adding that Mamdani fails to recognize that those who oppose Israel ultimately oppose America.
Israel’s UN Ambassador, Danny Danon, accused Mamdani—the city’s first Muslim mayor—of failing to address rising antisemitism. Mamdani responded by highlighting increased funding for hate crime prevention offices.
“Prime Minister Netanyahu will come to New York to address the United Nations General Assembly with pride, stating Israel’s truth and its right to defend its citizens,” Danon stated.
U.S. Ambassador to the UN Mike Waltz also dismissed the arrest threat as “pure political theater,” noting the U.S. is not a member of the ICC.
World leaders are expected in New York this September for the UN’s annual session, an event Netanyahu has frequently attended.
“This is not a personal assessment of Benjamin Netanyahu,” Mamdani told the podcast. “We are discussing the ICC and the fact that a warrant exists. As Mayor, I will follow the laws of New York City.”
Mamdani’s position aligns with a growing shift within the Democratic Party. Recently, nearly half of House Democrats voted against $3.3 billion in military aid to Israel, signaling a move away from unconditional support that mirrors shifting public opinion.
Mamdani noted that the conflict in Gaza is a significant motivator for voters, citing the success of endorsed candidates in New York House races this past June.
“It is difficult to find a more bankrupt policy approach than the current U.S. stance regarding Gaza and Palestine,” Mamdani concluded.
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