Experts: "Virtually Impossible... Potential Violation of Federal Law"
Democratic candidate Joran Mamdani, who is making waves ahead of the New York City mayoral election, has stated that if elected, he will arrest Israeli Prime Minister Benjamin Netanyahu and Russian President Vladimir Putin, both of whom are subject to International Criminal Court (ICC) arrest warrants.
On September 11 (local time), Mamdani told the New York Times (NYT) in an interview that he would make New York "a city that abides by international law," making these remarks.
Mamdani described Prime Minister Netanyahu as a war criminal committing genocide in the Gaza Strip and declared that if Netanyahu visits New York, he would mobilize the New York Police Department (NYPD) to immediately arrest him at the airport. He stated, "At this point, we cannot expect leadership from the federal government," and added, "It is time for each city and state government to show what it means to stand up for our values and our people."
He also emphasized that he would arrest President Putin.
However, legal experts have assessed that arresting Prime Minister Netanyahu would be virtually impossible. There is also analysis that such an action could violate federal law.
The United States is not a party to the ICC. Former U.S. President Donald Trump has imposed sanctions on the ICC, using the arrest warrant for Netanyahu as a pretext. If the New York City mayor attempts to arrest Netanyahu by mobilizing police forces, it could lead to a confrontation with the federal government.
Additionally, under the 'American Service-Members' Protection Act' enacted in 2002, the United States prohibits cooperation with the ICC. Although the amendment allows for cooperation in prosecuting foreigners charged with genocide or war crimes, experts believe that arrests carried out by state or local authorities are not permitted.
Matthew Waxman, a professor at Columbia Law School, noted that there has never been such an arrest in the United States, stating, "In my view, this statement is more of a political show than a serious law enforcement policy."
Mamdani, an Indian-American Muslim, has consistently expressed critical views of Israel. Early in the mayoral race, he also announced his intention to arrest Prime Minister Netanyahu.
The NYT pointed out that Mamdani's latest remarks could influence the course of the election.
New York is home to the second-largest Jewish population in the world. While New Yorkers have generally supported Palestine during the Gaza conflict, Mamdani's comments could spark controversy.
Jewish organizations have previously expressed discomfort with Mamdani's refusal to denounce the slogan "globalize the intifada (anti-Israel uprising)" during the primary campaign.
According to a recent poll conducted by the NYT and Siena College, Mamdani leads with 30% support even among Jewish voters, but he is closely trailed by former New York Governor Andrew Cuomo, who is running as an independent.
Former Governor Cuomo is a strong supporter of Israel and voluntarily joined Netanyahu's legal defense team when the ICC issued an arrest warrant for the prime minister.
The office of Prime Minister Netanyahu did not respond to requests for comment on these remarks. However, during a meeting with President Trump in July, Netanyahu had called Mamdani's arrest statement "utterly absurd in every way."
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