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And putting aside conflicting statutes, on what basis would it be a lawful arrest? Mamdani cites ICC. The ICC is not controlling in the U.S.; in fact the opposite (we have a provision to invade The Hague). So that dog doesn’t hunt. What is the NYC law he could enforce that isnt preempted by federal law?
And if there isn’t one, then what credible argument could Mamdani make re the arrest?
It's actually worse than that, since
(1) The so-called Hague invasion act prohibits all governments in the US from cooperating with the ICC;
(2) the UN Treaty (which has force of federal law) gives immunity to foreign diplomats traveling to the US on UN business;
(3) Absent the UN treaty, Netanyahu would presumably be entering the US with general diplomatic immunity; and
(4) AFAIK The Rome Statute itself recognizes (2) and (3).
So yeah, there's no legal basis whatsoever. That being said, smoke-blowing is a long tradition among politicians. And Mamdani is just playing to his base who don't know (or don't care about) the law and are driven by what could be politely referred to as "strong anti-Israel sentiment."
None whatsoever. As far as I know, Netanyahu could come to NYC and personally spit in Mamdani's face with full diplomatic immunity. In fact, I hope Netanyahu decides to rub it in a bit; sign up for a tour of Gracie Mansion; and plant an Israeli flag in the entry way.
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