Controversy Over Potential Arrest of Israeli PM Netanyahu in NYC

The U.S. ambassador to the United Nations has criticized Zohran Mamdani for “political theater” following the Democratic mayor of New York City’s statements about arresting Israeli Prime Minister Benjamin Netanyahu. There have been discussions about possibly detaining Netanyahu when he visits New York for the United Nations (UN) General Assembly in September.

Mamdani has indicated he is reviewing legal options to arrest Netanyahu during his upcoming visit. In an interview with the New York Times, Mamdani shared that he is in “active conversation” with the city’s legal offices to determine his powers, stating, “Whatever the law allows me to do in New York City, that’s what we will do, but we won’t be writing our own laws to that end.”

In response, Mike Waltz, the U.S.’s top representative to the international organization, criticized Mamdani’s remarks on the social media platform X, describing them as “pure political theater.” Waltz argued that the mayor lacks the required legal authority under both international and U.S. law to take such action.

Newsweek sought comments from both the New York City Mayor’s office and the Israeli prime minister’s office via email but has not received a response.

Waltz Says Arrest Impossible

World leaders from various member states are set to gather in New York City in September for the UN General Assembly. The Israeli leader is expected to attend and speak at the annual meeting.

Former U.S. national security adviser Mike Waltz commented that Mamdani’s attempts to arrest Netanyahu would likely be futile. Reasons include the fact that the U.S. never ratified the Rome Statute, the treaty that established the International Criminal Court (ICC) in 1998, thus not falling under its jurisdiction or obliged to enforce its judgments.

Waltz also referred to head-of-state immunity and the UN Headquarters Agreement, which provides legal protections to foreign diplomats and officials attending UN gatherings.

Why Does Mamdani Want To Arrest Netanyahu?

Mamdani’s intent to arrest the Israeli prime minister originates from an ICC warrant issued in November 2024. The ICC, a permanent international tribunal based in The Hague, Netherlands, looks into severe offenses committed by individuals.

The warrant followed an ICC probe into an Israeli military offensive in Gaza, concluding that there are “reasonable grounds to believe” that Netanyahu and former Israeli Minister of Defense Yoav Gallant might be culpable for several alleged offenses. These offenses include using starvation as a warfare method and orchestrating attacks against civilians.

During his mayoral campaign, Mamdani pledged to uphold the ICC warrant if victorious and arrest Netanyahu upon his arrival in New York.

Despite Mamdani’s statements, Netanyahu confirmed his intent to visit New York during a virtual interview with The New York Times’ Dealbook Summit in December.

Mamdani expressed his views to the New York Times, emphasizing, “I believe that Prime Minister Netanyahu belongs in The Hague. He’s a war criminal charged by the International Criminal Court. Many share this opinion due to his actions over the years.”

Contact Newsweek editors on this story: Tobias Meyjes and Tony Phillips.