Netanyahu is going to New York this time, what could he be arrested there on Mamdani’s orders

New York Mayor Zohran Mamdani will order the arrest of Benjamin Netanyahu if he sets foot in New York.

New York Mayor Zohran Mamdani has created a stir in the international arena by announcing that he will order the arrest of Israeli Prime Minister Benjamin Netanyahu if he sets foot in New York. This warning comes on the basis of an arrest warrant issued by the International Criminal Court (ICC) in The Hague, which has sparked new debates about international law, diplomatic immunity and the constitutional limits of the US federal-state powers. Middle East Monitor reports.

The ICC has issued an arrest warrant against Netanyahu on charges of war crimes and crimes against humanity against Palestinians in Gaza. The charges include serious human rights violations such as attacks on civilians and using famine as a weapon of war. However, the complication arises here that neither Israel nor the United States are parties to the Rome Statute, the main treaty of the ICC. As a result, the legal obligation to implement the ICC's ruling does not apply directly to the United States, but rather depends largely on political decisions.

In international law, there is an alternative to the ICC, the principle of 'universal jurisdiction', through which any state can arrest and try individuals accused of war crimes, genocide or crimes against humanity, regardless of where the crimes were committed.

This principle has been applied before. In 1998, former Chilean dictator Augusto Pinochet was arrested in London on a warrant issued by a Spanish court. In 1960, Nazi official Adolf Eichmann was captured from Argentina and tried in Israel. Recently, former Gambian Interior Minister Osman Sonko was sentenced in Switzerland on the same basis. However, the reality in the United States is different. In the United States, the application of such international criminal laws is usually the prerogative of the federal government. There are strong legal doubts about whether the New York City Police (NYPD) can arrest a foreign head of state on its own. According to many experts, this would require direct approval from the US Department of Justice and federal authorities, which is almost impossible in the current political reality.

Still, analysts believe that Mamdani's statement carries symbolic importance. It is more likely to be seen as a political message to strengthen the international judicial system, break the culture of impunity for war crimes, and strengthen the role of the ICC.
Amid this controversy, Netanyahu announced on Wednesday (December 3) that he is not canceling his planned visit to New York. As a result, the question remains - if he does indeed come to New York, will it be just a political drama, or will it give rise to a new chapter in the history of international law?