New York City Mayor Zohran Mamdani is weighing whether to arrest Israeli Prime Minister Benjamin Netanyahu during his UN General Assembly visit in September, citing an ICC warrant for war crimes in Gaza. The move faces legal hurdles and criticism, as the U.S. does not recognize the court’s authority.
The ICC Warrant and Legal Uncertainty
The International Criminal Court (ICC) issued an arrest warrant for Netanyahu in November 2024, accusing him of war crimes and crimes against humanity. The warrant, which also targets other Israeli officials, stems from investigations into Israel’s military actions in Gaza following the October 7, 2023, Hamas attacks. The U.S. is not a party to the ICC and does not recognize its authority. In February 2025, Donald Trump ordered economic sanctions against the court, and Secretary of State Marco Rubio vowed to “dismantle” it.
Mamdani, who has called Netanyahu a “war criminal,” acknowledged the legal ambiguity surrounding his ability to act. Whatever the law allows me to do in New York City, that’s what we will do,
he said, adding that his office is in an active conversation
with the city’s law department. The Times report back then cited legal experts who judged that having Netanyahu arrested would be a practical impossibility
for Mamdani.
Political Reactions and Diplomatic Tensions
Netanyahu brushed off Mamdani’s arrest threats in a recent radio appearance, saying he was not concerned. Israel’s ambassador to the UN, Danny Danon, said on social media that 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 also accused Mamdani of failing to confront rising antisemitism in his city.
The controversy has drawn criticism from within the Democratic Party. Senator John Fetterman (D-Pa.) on Sunday said Mamdani should “sit down” after floating the possibility of arresting Netanyahu. Fetterman said if he were mayor, he would just sit down and focus on other –– the problems that they have in New York. That’s really not your purview.
Fetterman’s Criticism and Broader Implications
Fetterman’s public rebuke of Mamdani underscores the political landscape surrounding the issue. The Pennsylvania Democrat framed the mayor’s comments as an overreach. You and I know that,
Fetterman said. Sit down.
The debate also reflects shifting dynamics within the Democratic Party. Close to half of U.S. House Democrats on Wednesday voted to strip $3.3bn in military aid to Israel. It was not enough to pass the measure. But it signified a buckling of unconditional support for Israel, a shift that is also reflected in public opinion polling.
Netanyahu, meanwhile, has faced a tough re-election campaign in October. His government has consistently denied accusations of genocide. However, independent experts commissioned by the United Nations’ Human Rights Council released a report last month making such a claim.
As Netanyahu prepares to address the UN General Assembly, the spotlight remains on Mamdani’s legal and political maneuvering. While the mayor has emphasized that his actions would be guided by New York City law, the broader implications of his stance remain unclear.
For now, the situation underscores the complex interplay between local governance, international law, and geopolitical alliances. As the September summit approaches, the world will be watching to see whether Mamdani’s rhetoric translates into action.
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