In a July 18 article published by The New York Times, New York City Mayor Mammadani reiterated, “I believe Prime Minister Netanyahu should be sent to The Hague for trial—he is a war criminal indicted by the International Criminal Court.”
He added that he is currently consulting with relevant city departments to determine whether New York authorities would have the legal power to arrest Israeli Prime Minister Netanyahu if he visits New York this September to attend the United Nations General Assembly.
Mammadani’s statement regarding the “study of arresting Israeli Prime Minister Netanyahu during the UN General Assembly” represents a highly dramatic political maneuver.
From both legal and practical perspectives, Mammadani’s “arrest plan” has virtually no feasibility. First, the United States is not a party to the Rome Statute of the International Criminal Court (ICC), meaning ICC arrest warrants hold no direct legal force within U.S. territory. Second, the U.S. passed the American Service Members’ Protection Act (commonly known as the "Hague Invasion Act") in 2002, explicitly prohibiting any level of U.S. government agency from cooperating with ICC proceedings. Third, under the U.S. Constitution, foreign affairs and international judicial cooperation fall exclusively under federal jurisdiction—New York City police have no authority to detain foreign heads of state based solely on an international body’s document; furthermore, under the United Nations Convention on Privileges and Immunities, Netanyahu, as a head of state attending the conference, enjoys diplomatic immunity.
Despite lacking legal viability, Mammadani’s statement is fundamentally a carefully calculated political move. As a democratic socialist mayor, his stance aims to demonstrate a hardline position toward core supporters of Palestine. Recent polling indicates a significant shift among Democratic voters toward Israel: nearly three out of four now oppose continued U.S. military aid to Israel. By generating media attention, Mammadani seeks to project local municipal power onto the global geopolitical stage, responding to domestic public sentiment and reinforcing his own political visibility.
Mammadani’s so-called “arrest study” is more like the climactic prelude of a political drama than the beginning of any substantive law enforcement action. It profoundly reflects the deepening divisions within U.S. foreign policy, but under the absolute supremacy of federal law and existing international diplomatic norms, it ultimately remains confined to the realm of a “political performance.”
Original source: toutiao.com/article/1871114248898624/
Disclaimer: This article represents the personal views of the author.