A proposal by New York City Mayor Zohran Mamdani to arrest Israeli Prime Minister Benjamin Netanyahu has sparked division among House Democrats. Some have expressed support for the idea, while others argue that the mayor lacks the legal authority to carry it out. Rep. Rashida Tlaib has been a vocal supporter, stating that Netanyahu is a "war criminal" and should be arrested.
During his campaign, Mamdani repeatedly stated that he would order the New York Police Department to enforce a warrant issued by the International Criminal Court and arrest Netanyahu for his role in the war in Gaza. However, he has since acknowledged that the city lacks the "independent legal authority" to do so. In a recent video, Mamdani called on the federal government to execute the warrant and arrest Netanyahu, also stating that the prime minister is "not welcome in New York City."
Some House Democrats, including Rep. Summer Lee, have expressed agreement with Mamdani's sentiment, stating that Netanyahu is a "war criminal" and that the US should not excuse such actions. Rep. Rashida Tlaib has also offered to help Mamdani with the arrest, questioning whether the mayor has the authority to carry it out. However, not all Democrats share this view, with some arguing that the idea is unrealistic and potentially illegal.
Rep. Jerry Nadler has argued that pursuing the arrest would violate a treaty with the United Nations, which provides immunity to diplomats attending UN meetings. The U.N. Headquarters Agreement, a 1947 treaty between the US and the UN, governs the legal status of the UN headquarters in New York and provides protections for foreign officials. The US is not a member of the International Criminal Court, and therefore is not bound by its warrants.
The debate over Mamdani's proposal comes amid wider criticism of the International Criminal Court and its role in international law. Secretary of State Marco Rubio has recently threatened to "dismantle" the ICC, arguing that it overreaches its powers and threatens the US political and legal system. President Donald Trump has also weighed in, stating that Netanyahu "will not be arrested, in any way, shape, or form."
