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Protesters Rally In New York During United Nations General Assembly

Pro-Palestinian protesters march through Manhattan near the United Nations as Israeli Prime Minister Benjamin Netanyahu addresses the General Assembly during the 80th session of the annual event on September 26, 2025, in New York.

(Photo by Spencer Platt/Getty Images)

With 'Blood-Soaked War Criminal' Set to Land in Mamdani's NYC, Calls Grow to Arrest Netanyahu

The mayor has said New York can’t enforce the ICC warrant against Israel’s prime minister, but one human rights lawyer argued it’s “not the only tool available to the US when it comes to holding Netanyahu accountable.”

As Israeli Prime Minister Benjamin Netanyahu prepares to land in New York for a speech at the United Nations General Assembly on Thursday, calls are once again mounting for the accused war criminal to be arrested.

While campaigning last year, New York City Mayor Zohran Mamdani pledged that if the prime minister ever set foot in his city, he'd find himself in handcuffs, pursuant to an International Criminal Court (ICC) warrant, which accused him of war crimes and crimes against humanity in Gaza, where Israel's genocidal military assault has killed nearly 74,000 people, including more than 21,000 children.

After becoming mayor, Mamdani backed off the pledge earlier this summer, stating that New York lacked the “independent legal authority” to detain him under the ICC warrant. However, he said Netanyahu should still be "arrested and tried" by the federal government.

In the days leading up to his visit to New York, which is expected to be brief, Netanyahu indicated he planned to address the mayor during his General Assembly speech, falsely accusing him of supporting Hamas and inciting riots against Jewish New Yorkers.

“I'm coming to the UN,” the prime minister said. “I'm going to tell the truth about our heroic soldiers, and I'm going to tell the truth about you."

Mamdani hit back during a CNN interview on Tuesday: "I have been clear about the way that I see the world. And I always owe New Yorkers that honesty. And when it comes to Benjamin Netanyahu, I have described him as I believe him to be: a war criminal and an architect of a horrific genocide of the Palestinian people."

Of the ICC warrant, he reiterated that it was "something that should be honored, because what we want to see... is a faith in our politics, a faith in accountability."

In July, a YouGov poll found that 49% of Americans believed the US government should arrest Netanyahu under the warrant, 27% said it should not, and 23% were unsure.

President Donald Trump stated earlier this summer that Netanyahu “will not be arrested, in any way, shape, or form" while visiting the US. His administration's position, as stated in a February 2025 executive order, is that Netanyahu can't be arrested. The ICC, it says, “has no jurisdiction over the United States or Israel” because, unlike most other nations, neither is a party to the Rome Statute, which created the court.

Jake Romm, a legal adviser for the Hind Rajab Foundation—a group named after a 5-year-old Palestinian girl killed by Israeli forces—argued Tuesday in The Nation that even if the ICC warrant can't be enforced on US soil, it "is not the only tool available to the US when it comes to holding Netanyahu accountable."

Romm noted the existence of "two robust federal criminal statutes," the War Crimes Act and the Genocide Statute, which he said incorporate "important international instruments into US law"—the Geneva Convention governing the laws of war and the Genocide Convention, respectively.

He wrote that both of these laws give the US jurisdiction over alleged war criminals “regardless of where the crimes have been committed” when the suspect is physically present in the US, or the crimes were committed against US nationals.

Romm acknowledged that Netanyahu is shielded from arrest during his official UN visit and that sitting heads of government generally enjoy immunity from national courts, but argued that those protections do not eliminate the United States' underlying authority to prosecute him under federal war crimes and genocide laws.

"The United States has the ability to arrest Netanyahu for crimes under US law and to prosecute him in US courts," Romm wrote. "I stress this not because I believe that an administration that has, at every turn, deepened its complicity in Israel’s crimes will suddenly change. I stress the US’s ability and obligation to arrest Netanyahu—and all Israeli perpetrators of the genocides in Palestine and southern Lebanon—in order to make one thing clear: Every day that Netanyahu remains free is a day that the US has allowed him to remain free."

It's not just the United States that has allowed Netanyahu to travel freely despite the warrant. Emma Fourreau, a French member of the European Parliament, accused her nation's government—which is obligated to arrest Netanyahu under the Rome Statute—of having "trample[d] on international law" by giving his aircraft clearance to pass through its airspace en route to New York.

Craig Mokhiber, a former senior UN human rights official who resigned in 2023 while accusing Israel of carrying out a “textbook genocide” in Gaza, said the fact that Netanyahu would be showing up at the UN unencumbered, even while being "universally despised, and blocked from travel to most countries on the planet," was a "stain" on the entire institution.

"He will even be allowed to enter UN premises and to address the [General Assembly], received as a VIP rather than the blood-soaked war criminal that he is," Mokhiber said on social media, describing it as one of many failures of the institution to respond to Israel's actions in Gaza.

He noted that the General Assembly had not stripped Israel of its credentials as it did with apartheid-era South Africa, that the UN Security Council had endorsed the Trump-led "Board of Peace" proposal to govern postwar Gaza, and that Secretary-General António Guterres had declined to use the word "genocide" to describe Israel's conduct, even while other top UN experts had.

"The genocidaires are not just walking among us, they are ruling over us. They are trying to normalize genocide and apartheid," Mokhiber said. "We, in our millions, must act to denormalize these scourges, to hold the perpetrators and accomplices accountable, and to ensure they never have a moment’s peace until justice prevails."

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