Speaking on The New York Times podcast, The Interview, Mamdani referenced the International Criminal Court (ICC) arrest warrant issued for Netanyahu.
“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.”
Asked whether New York City had the authority to arrest a visiting foreign leader, Mamdani said the city’s legal department was reviewing the legal implications.
“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.”
The ICC issued arrest warrants in November 2024 for Netanyahu and former Israeli Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity linked to Israel’s military operations in Gaza. Israel has rejected the allegations, describing the warrants as politically motivated and insisting its military actions comply with international law.
The comments have reignited debate over the enforceability of ICC warrants in countries that are not parties to the Rome Statute, the treaty establishing the court.
The United States is not a member of the ICC and is under no treaty obligation to enforce its arrest warrants. The administration of President Donald Trump has maintained its opposition to the court, with Secretary of State Marco Rubio recently pledging to “dismantle” the ICC over what he described as its overreach against American allies.
Mamdani, a longstanding critic of Israel’s military campaign in Gaza, has repeatedly described the offensive as a genocide, an allegation Israel strongly rejects, maintaining it is acting in self-defence against Hamas.
His remarks drew criticism from senior US officials. US Ambassador to the United Nations Mike Waltz dismissed the comments as “pure political theatre,” reiterating that Washington does not recognise the ICC’s jurisdiction.
Netanyahu also downplayed the remarks during an interview with WABC radio, while Israel’s Ambassador to the UN, Danny Danon, confirmed that the Israeli leader still plans to attend the General Assembly.
“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.
The issue is expected to generate further legal and political debate ahead of the UN General Assembly, as experts note that questions surrounding the enforcement of ICC warrants in the United States remain largely theoretical because the country does not recognise the court’s jurisdiction.
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