New York City Mayor Zohran Mamdani stated in a video posted Tuesday evening that the city does not have the independent legal authority to enforce the International Criminal Court's arrest warrant against Israeli Prime Minister Benjamin Netanyahu. 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.
I want to be equally clear: Benjamin Netanyahu is not welcome in New York City, nor is any other war criminal at large, he said. He referred to Benjamin Netanyahu as a war criminal in the video.
He is responsible for the killing of more than 73,000 people, for the maiming of tens of thousands of children, as those who survive undergo amputation without anesthesia, he said. He accused Netanyahu of targeting neonatal hospitals and maternity care centers.
He accused Netanyahu of blocking food and humanitarian aid and being responsible for the shooting of aid workers and journalists. Just last month, the U.N. confirmed that Palestinian children continue to be deliberately targeted and killed by Israeli armed forces, more than eight months after the so-called ceasefire, he said.
He vowed during his mayoral campaign last year that his administration would enforce an International Criminal Court arrest warrant against Benjamin Netanyahu if he visited New York City. He earlier in the week that he was working with his administration’s legal team on how to execute the arrest of Netanyahu.
CNN Senior Legal Analyst Elie Honig criticized the idea that Mamdani would be able to execute the arrest, arguing that he has no law enforcement authority. It is utterly ridiculous for the mayor of New York City to even suggest that he might have the authority to order the arrest of Benjamin Netanyahu or any visiting foreign head of state, Honig said.
Judges for the International Criminal Court found reasonable grounds to believe that Netanyahu and Gallant deprived the civilian population of food, medicine, and other humanitarian aid. The ICC issued the warrant in 2024 over alleged war crimes, including starvation as a method of warfare and other inhumane acts.
About 1,200 people in Israel were killed in the Oct. 7, 2023 attack and 250 others were taken hostage. The Hamas-run Gaza Health Ministry says over 73,000 Palestinians have been killed in Gaza.
Israel's office stated in 2024 that it rejects the actions and charges by the International Criminal Court, calling it a biased and discriminatory political body. The Israeli government rejects with disgust the absurd and false actions and charges against it by the International Criminal Court, which is a biased and discriminatory political body, Netanyahu's office said in 2024.
Netanyahu's office called the ICC a kangaroo court that has no jurisdiction over Americans or Israelis. The Israeli government has defended its conduct in the Gaza Strip, arguing it has tried to protect civilians and blaming Hamas for operating in densely populated areas.
Hamas and Israel agreed to a ceasefire last fall, though some operations have continued. The Gaza Health Ministry has said more than 1,000 people have died during the ceasefire.
Both President Trump and former President Joe Biden denounced the ICC warrant against Netanyahu. U.S. Ambassador to the U.N. Mike Waltz argued on social media that Mamdani’s threat to arrest Netanyahu would not work because the U.N. Headquarters Agreement grants diplomatic protections to visiting heads of governments.
Simcha Eichenstein, a New York state assemblymember, called the attention of New York Attorney General Letitia James to look into whether Mamdani has violated local law by threatening to arrest Netanyahu.
The legal and political dispute centers on the jurisdiction of local versus federal authorities in enforcing international warrants. The United States is not a party to the treaty that created the International Criminal Court and generally does not recognize its authority, while the American Servicemembers Protection Act of 2002 bars local law enforcement agencies from cooperating with the ICC process.
The arrest warrants issued in 2024 against Netanyahu and former Israeli Defense Minister Yoav Gallant were based on findings that they deprived civilians of food, medicine, and humanitarian aid. The conflict has resulted in significant casualties, with the Hamas-run Gaza Health Ministry reporting over 73,000 Palestinian deaths and Israeli officials citing 1,200 killed in the Oct. 7, 2023 attack.
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