New York City Mayor Zohran Mamdani has ignited a fresh international controversy after revealing that his administration is examining whether Israeli Prime Minister Benjamin Netanyahu could be arrested if he visits New York for the 81st United Nations General Assembly (UNGA) later this year.
Speaking on The New York Times podcast, The Interview, Mamdani said his legal team was reviewing the city’s options in light of the arrest warrant issued against Netanyahu by the International Criminal Court (ICC).
“I believe Prime Minister Netanyahu belongs in The Hague,” Mamdani said.
“He’s a war criminal who has been charged by the International Criminal Court. That is an opinion shared by many because of what his actions have wrought over these last several years.”
When asked whether New York City had the legal authority to arrest a sitting foreign leader attending a UN event, the mayor stopped short of making a definitive commitment but confirmed that the issue was under active legal consideration.
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“That’s an active conversation with our legal department,” he said.
“What we’ve seen at the national level is a willingness at times to write its own laws or step outside the bounds of legality. That is not something we have any interest in doing.”
His comments have reignited global debate over the enforceability of ICC arrest warrants, diplomatic immunity and the limits of municipal authority in the United States.
The ICC issued arrest warrants for Netanyahu and former Israeli Defence Minister Yoav Gallant in November 2024 over alleged war crimes and crimes against humanity linked to Israel’s military campaign in Gaza following Hamas’ October 7, 2023 attack.
Israel has consistently rejected the allegations, insisting its military operations comply with international law and that it is exercising its right to self-defence against Hamas.
Netanyahu has repeatedly dismissed the ICC’s decision as politically motivated.
The legal question surrounding any possible arrest is complicated by the fact that the United States is not a party to the Rome Statute, the treaty establishing the ICC.
As a result, Washington has no treaty obligation to enforce ICC arrest warrants.
President Donald Trump’s administration has maintained a hardline position against the court, accusing it of exceeding its authority.
US Secretary of State Marco Rubio recently vowed to “dismantle” the ICC, describing its actions against American allies as an abuse of international law.
Both Trump and former President Joe Biden had previously criticised the ICC’s decision to seek warrants against Israeli leaders.
Mamdani’s comments quickly drew reactions from both Washington and Jerusalem.
US Ambassador to the United Nations Mike Waltz dismissed the remarks as “pure political theatre”, stressing that the United States does not recognise the jurisdiction of the ICC.
Netanyahu also brushed aside the suggestion during an interview with WABC radio, indicating that the controversy would not alter his travel plans.
Meanwhile, Israel’s Ambassador to the United Nations, Danny Danon, confirmed that the Israeli Prime Minister intends to attend the UN General Assembly in New York as scheduled.
“Prime Minister Netanyahu will come to New York, address the United Nations General Assembly with pride, and stand before the world to state Israel’s truth and its unwavering right to defend its citizens,” Danon said.
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World leaders are expected to converge on New York in September for the 81st United Nations General Assembly, one of the world’s largest diplomatic gatherings.
Under the UN Headquarters Agreement, the United States is generally expected to facilitate the entry of foreign leaders attending UN meetings regardless of political disputes.
Legal experts note that although the ICC warrant remains valid in member states of the court, enforcing it in the United States remains largely theoretical because Washington neither recognises the ICC’s jurisdiction nor has domestic laws compelling authorities to execute its warrants.
Nevertheless, Mamdani’s remarks have injected a fresh political dimension into preparations for the UN summit, fuelling renewed debate over international justice, diplomatic immunity and the obligations of host countries when leaders accused of war crimes travel abroad.
