New York mayor says city exploring authority to arrest Netanyahu during possible UN visit

New York Mayor Zohran Mamdani says officials are examining whether the city could arrest Israeli Prime Minister Benjamin Netanyahu during a possible United Nations visit this year.

WEBDESK – MediaBites

New York City Mayor Zohran Mamdani has said his administration is examining whether local authorities have the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu if he visits the city for this year’s United Nations General Assembly, sparking fresh debate over the limits of municipal power in international affairs.

Speaking in remarks first reported by The New York Times, Mamdani described Netanyahu as a “war criminal” who “belongs in The Hague.” He said City Hall is engaged in an “active conversation” with the city’s Law Department to determine what legal options, if any, would be available should the Israeli leader travel to New York.

The comments come ahead of the annual U.N. General Assembly, which is expected to bring world leaders from across the globe to New York, placing renewed focus on diplomatic immunity, international law, and the role of local authorities in dealing with visiting foreign officials.

Mamdani’s office has not publicly indicated whether the mayor would direct the New York Police Department to take action if city attorneys concluded there was legal authority to do so. No formal legal action has been initiated by the city.

The controversy stems from arrest warrants issued by the International Criminal Court (ICC) in November 2024 for Netanyahu and former Israeli Defense Minister Yoav Gallant over alleged war crimes and crimes against humanity linked to Israel’s military operations in Gaza.

Israel has rejected the allegations, denied the ICC’s jurisdiction, and maintained that its military campaign was conducted in self-defense following Hamas’s October 7, 2023, attack.

The United States is not a party to the Rome Statute, the treaty that established the ICC, and does not recognize the court’s jurisdiction over U.S. nationals or certain allies.

Reacting to Mamdani’s remarks, U.S. Ambassador to the United Nations Mike Waltz dismissed the proposal as “pure political theater” in a post on X.

Waltz argued that New York City lacks the legal authority to arrest a visiting foreign head of government, citing the U.N. Headquarters Agreement, the principle of head-of-state immunity, and the federal government’s exclusive authority over U.S. foreign policy.

Legal experts have long maintained that foreign affairs are primarily the responsibility of the U.S. federal government, while diplomatic privileges and immunities for visiting foreign leaders are governed by federal law and international agreements rather than municipal authorities.

The debate has also renewed attention on how countries respond to ICC arrest warrants. While member states of the Rome Statute are generally expected to cooperate with the ICC, the United States has never ratified the treaty and does not accept the court’s jurisdiction in many cases.

The issue is expected to intensify scrutiny of Mamdani’s positions on international affairs, particularly regarding Israel, which became a prominent issue during his mayoral campaign.

Earlier this year, the U.S. State Department reportedly intervened to halt a planned meeting between a senior official in Mamdani’s administration and Iran’s ambassador to the United Nations, reinforcing Washington’s position that the conduct of U.S. foreign policy falls under federal jurisdiction.

It remains unclear whether Netanyahu will attend this year’s U.N. General Assembly. Any attempt by New York City authorities to arrest a visiting foreign leader would likely face significant constitutional and legal challenges.