Why Zohran Mamdani’s ‘war criminal’ comment on Israel’s Benjamin Netanyahu is making headlines

Benjamin Netanyahu’s office denounced Mayor Zohran Mamdani on Sunday after the latter said he is examining legal options to arrest the Israeli Prime Minister if he returns to New York in September for the United Nations General Assembly (UNGA).

The Israeli leader’s office further dismissed the International Criminal Court arrest warrant against Netanyahu as “bogus” and described the ICC as a “kangaroo court” with no jurisdiction over Israel or the United States (US). 

What did Netanyahu’s office say?

In a post on X, Netanyahu’s office accused former ICC prosecutor Karim Khan of issuing the warrant to divert attention from allegations of sexual misconduct that emerged against him. 

“The ICC is a kangaroo court that has no jurisdiction over Americans or Israelis. The bogus arrest warrant against Prime Minister Netanyahu was issued by a disgraced former ICC Prosecutor, Karim Khan, a few days before allegations of sexual misconduct against him became public,” Netanyahu’s office said. “It was a clear attempt by Khan to divert public attention and seek protection from scrutiny.”

It is important to note that the Trump administration has issued sanctions against Khan, and a dozen other ICC staff in retaliation for warrants the court issued for top Israeli officials over the war in Gaza and investigations into US personnel in Afghanistan.

‘Mamdani is following the same playbook’

In the post, the Israeli government defended its military campaign in Gaza, calling itself the ‘protector’ of human rights and the ‘only democracy in the Middle East’.

“Instead of backing Khan’s criminal behaviour, Mr Mamdani should focus on fixing the damage his policies have caused New York. Like Karim Khan, Mamdani appears interested in diverting public attention from his follies and attacking the leader of the Jewish state and the only democracy in the Middle East.” 

However, with neither Israel nor the United States recognised as members of the ICC, enforcing any such action remains legally and politically complex. 

Can Mamdani arrest Netanyahu?

New York City Mayor Zohran Mamdani said that his office is still looking for legal alternatives to arrest Netanyahu if the Israeli Prime Minister visits the city for the UNGA in September this year. He made the remarks in The New York Times podcast, saying he wants to stick to his campaign promise of pursuing legal action against Netanyahu.

“I believe that Prime Minister Netanyahu belongs in The Hague,” Mamdani said. “He’s a war criminal who has been charged by the International Criminal Court. And what you will find is that is an opinion that is held by many purely because of what his actions have wrought over these last many years.” 

What is the International Criminal Court?

The International Criminal Court was established in 2002 as the permanent court of last resort to prosecute individuals responsible for the world’s atrocities, including war crimes, crimes against humanity, genocide and the crime of aggression. 

It has 124 member states, and all of them have signed on to the Rome Statute, which was adopted in 1998 and came into effect in 2002. However, dozens of countries do not accept the court’s jurisdiction over war crimes, including the US, Russia, China, and Israel. The ICC becomes involved when nations are unable or unwilling to prosecute crimes on their territory.

The ICC’s warrant against Netanyahu

The international judicial body issued an arrest warrant for Netanyahu and Israel’s former Defence Minister Yoav Gallant in 2024, citing “reasonable grounds” for their criminal responsibility for war crimes and crimes against humanity in Gaza. 

Netanyahu, later, condemned the ICC’s decision, calling it “anti-Israel” and “antisemitic.” While the White House rejected the ICC’s decision, several European countries agreed to abide by the court’s ruling.

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