While New York City Mayor Zohran Mamdani has backtracked on a pledge to arrest Israeli Prime Minister Benjamin Netanyahu if he enters the city, those in the Big Apple remain split on the idea. Some believe Netanyahu is a war criminal who should be subject to the International Criminal Court’s arrest warrant if he visits the United Nations in Manhattan this September. Others think it is hypocritical to focus only on the Israeli leader.
‘Not welcome in New York City’
Mamdani originally said he was looking into whether officials in New York City could arrest Netanyahu. But while the Israeli prime minister is a “war criminal,” New York City police officers do “not have the independent legal authority to enforce this warrant,” Mamdani said in a video on X. “I want to be equally clear, Benjamin Netanyahu is not welcome in New York City, nor is any other war criminal at large.” The federal government should “join the International Criminal Court and execute both this warrant as well as any warrant the International Criminal Court holds.”
These words could inspire New Yorkers to hold “larger demonstrations against Israeli officials and supporters during the U.N. General Assembly,” given that Netanyahu is “one of many foreign officials who have outstanding arrest warrants issued” by the ICC, Elizabeth Kim said at Gothamist. Talk of an arrest also “gave the issue prominence at a time when Mr. Netanyahu’s conduct of the war in Gaza has led two independent United Nations inquiries and humanitarian groups inside and outside of Israel to accuse him of perpetrating a genocide,” say Sally Goldenberg, Dana Rubinstein and Liam Stack at The New York Times.
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Some Palestinian advocacy groups are still pushing for additional action to be taken against Netanyahu by New York City officials. Palestinians “welcomed Mr. Mamdani’s statement,” but “this has never been about one individual,” Nerdeen Kiswani, the co-founder of the pro-Palestinian group Within Our Lifetime, said to the Times. Mamdani also admitted he “sympathized with New Yorkers who were ‘disappointed’ to hear that Mr. Netanyahu would not be arrested,” said Goldenberg, Rubinstein and Stack.
‘A selective approach’
Some feel the idea of arresting Netanyahu is unwarranted. Going after the Israeli prime minister presents a “selective approach to ICC arrest warrants,” said Zvika Klein at The Jerusalem Post. The U.N. General Assembly always “hosts the largest annual gathering of accused war criminals on Earth” who “arrive on diplomatic passports, sweep past the barricades on First Avenue, address the world from the green marble rostrum, and fly home.” When the U.S. “decides a foreign leader belongs in a courtroom, it has tools,” but New York City is “not among them.” International law “survives on the belief that it applies to everyone, or it protects no one.”
Others consider a Netanyahu arrest even more risky. Lawmakers may have “advised the mayor that attempting an arrest could have subjected him and his collaborators to criminal liability,” said Paul Mauro at The Wall Street Journal. The law “explicitly states that ‘abducting’ any person who is ‘a foreign official, an internationally protected person or an official guest’ is a federal offense.” So if officials “discussed the logistics of such an operation with the mayor and either he or they took any action directed at making it happen,” they “could all have faced federal charges.”
