“My Administration has reviewed every avenue available under applicable law to determine whether New York City could execute the International Criminal Court’s arrest warrant if Benjamin Netanyahu came here,” Mamdani said in a video posted on social media Tuesday evening. “It is clear that we do not have the independent legal authority to enforce this warrant.”
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The Hague-based ICC has had outstanding warrants of arrest for Netanyahu and Israel’s former defense minister over alleged crimes against humanity and war crimes, which they deny, related to the conflict in the Gaza Strip.
Netanyahu, however, remains a close ally of U.S. President Trump despite recent disagreements over ongoing conflict in the Middle East. On Monday, Trump weighed in on his social media platform Truth Social: “Benjamin Netanyahu will not be arrested, in any way, shape, or form, while in the United States of America. He is fighting against the Islamic Republic of Iran, which recently killed 52,000 innocent protestors, and has spent the last 47 years killing American Soldiers, and others.”
The court, however, asserts jurisdiction over Palestinian territories including Gaza, the West Bank, and East Jerusalem. It also recognizes the state of Palestine as a party subject to the Rome Statute.
U.S. Ambassador to the U.N. Mike Waltz also argued in a post on social media that Mamdani’s threat to arrest Netanyahu during the September U.N. General Assembly would not work because the U.N. Headquarters Agreement grants diplomatic protections to visiting heads of governments.
And Netanyahu himself has also slammed the New York City mayor’s overtures. While attacking the ICC’s credibility on Sunday, the Prime Minister’s office said that Mamdani should instead “focus on fixing the damage his policies have caused New York.”
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