NEW: Mamdani Suggests He Will Disobey U.S. Legal System: City Of International Law thumbnail

NEW: Mamdani Suggests He Will Disobey U.S. Legal System: City Of International Law

The New Atlantis

Incoming New York City Mayor Zohran Mamdani doubled down on his promise to arrest Israeli Prime Minister Benjamin Netanyahu on an international arrest warrant that is not recognized in U.S. law, setting up a potential act of rebellion against federal authority.

The mayor-elect, a self-styled socialist, has repeatedly pledged that if elected mayor, he would direct the New York Police Department (NYPD) to arrest Israeli Prime Minister Benjamin Netanyahu should he visit the city. Mamdani has claimed that he has an obligation to do so in order to adhere to “international law,” particularly by honoring an International Criminal Court (ICC) warrant against Netanyahu stemming from the conflict in Gaza.

In a new live interview with local outlet ABC 7, Mamdani doubled down on his pledge and stressed his plans to turn the Big Apple into a sanctuary that prioritizes “international law.”

“So I’ve said time and again that I believe this is a city of international law. And being a city of international law means looking to uphold international law. And that means upholding the warrants from the International Criminal Court, whether they’re for Benjamin Netanyahu or Vladimir Putin,” he said whether he would order the NYPD to arrest Netanyahu during the next United Nationals general assembly, which takes place annually in Manhattan.

“I think that that’s critically important to showcase our values. And unlike Donald Trump, I’m someone who looks to exist within the confines of the laws that we have. So I will look to exhaust every legal possibility not to create my own laws to do so,” he added.

The mayor-elect was then asked whether the diplomatic significance of the UN general assembly would impact his decision-making on such a brazen move. “Well, I think we are a global city, but I also think what New Yorkers are looking for is consistency in the way in which we talk about our values and follow through on them,” Mamdani responded. “And that’s why I think these warrants from the International Criminal Court, they are worth fully exploring every legal possibility to actually follow through on.”

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On November 21, 2024, the ICC’s Pre-Trial Chamber I issued an arrest warrant for Netanyahu and former Israeli Defense Minister Yoav Gallant, citing allegations of war crimes and crimes against humanity.

“With regard to the crimes, the [Court’s Pre-Trial Chamber I] found reasonable grounds to believe that Mr. Netanyahu…and Mr. Gallant…bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts,” said the ICC at the time.

The United States does not recognize the ICC and is not a party to the Rome Statute, the treaty that established the court in 2002, primarily due to concerns over incompatibility with the U.S. Constitution.

The U.S. has explicitly rejected the ICC’s jurisdiction, as evidenced by President Trump’s February, 2025 executive order imposing sanctions on the ICC and statements affirming that the court has no authority over American soil or personnel. This stance has led to policies barring cooperation with ICC investigations involving U.S. allies or interests, rendering warrants like the one against Netanyahu unenforceable in the U.S. without federal action.

This past July, President Trump issued a stern warning to Mamdani over his threats to disregard U.S. law in favor of the ICC, warning him to “behave or face consequences.”

Several legal analysts have expressed doubts over the feasibility of Mamdani’s threat. Professor David Bosco, an international law scholar at Indiana University, Bloomington, described the pledge as a “publicity stunt” that “would almost certainly not happen,” predicting it would face immediate opposition and reversal by federal courts.

“Diplomatic immunity and the conduct of foreign relations are federal matters and the federal government is given wide discretion by the courts to manage foreign policy and international legal relations,” he said.

Mitch Silber, former NYPD director of intelligence analysis and head of the Community Security Initiative, explained that the NYPD “can’t take illegal acts, even if the mayor wants them to,” noting that any such order would be prohibited by federal law and “overturned immediately” through legal challenges.

President Trump has vowed to withhold federal funds and surge the city with federal assets should Mamdani follow through on his pledge. The president has also signaled openness to holding a face-to-face meeting with the incoming mayor in the near future, however.

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