Inna Vernikov, a Jewish member of the New York City Council who represents parts of Brooklyn, stated that she invited Israeli Prime Minister Benjamin Netanyahu to visit New York City on Jan. 1—the inauguration of the mayoralty of Zohran Mamdani, who has said he would have the Israeli premier arrested should he come to the Big Apple.
In a letter dated Nov. 10, Vernikov wrote that it was a “great honor” to invite Netanyahu to the city to “meet with members of our community and to reaffirm the deep and enduring bond between the State of Israel and the people of New York City, home to the largest Jewish population outside of Israel.”
She decried the “irresponsible and frankly absurd statements made by mayor-elect Zohran Mamdani, who has campaigned on the promise of ‘arresting’ you upon setting foot in our city.”
“Whether individuals agree or disagree with your policies, you are the duly elected prime minister of the State of Israel, a democratic nation that stands as a beacon of hope, freedom, western values, resilience and strength in a region surrounded by tyranny and terror,” the councilwoman wrote.”
Joseph Weiler, who holds several professorships at New York University School of Law, where he directs the Jean Monnet Center for International and Regional Economic Law and Justice, told JNS that heads of state and government have “absolute immunity” under international law, “even in the face of horrific crimes.”
Mamdani has said he would have Netanyahu arrested in response to an arrest warrant issued by the International Criminal Court, a judicial body in The Hague, which is not part of the United Nations. The court operates under the Rome Statute, to which neither Israel nor the United States is a party.
States that are parties to the statute “are both under a duty and have the right to arrest even a head of state, since the general immunity is deemed to be waived, provided both parties—the arresting state and the head of state in question—are parties to the Rome Statute,” according to Weiler, a former president of European University Institute in Florence, Italy.
But since Washington isn’t a party, “the United States has neither the duty nor the right to arrest Netanyahu following an arrest warrant issued by the ICC,” Weiler said. “The only exception might be if the Security Council referred the case, but this is hypothetical because it has not, and will not in the face of an American veto.”
Marshall Wittmann, the AIPAC spokesman, told JNS that the International Criminal Court “has turned itself into a kangaroo court.”
“Its bogus arrest warrants against Israeli officials have no standing in the United States,” he said.
AIPAC supports legislation that Sen. Rick Scott (R-Fla.) and Rep. Elise Stefanik (R-N.Y.) introduced in September that would bar “state and local law enforcement officers from arresting foreign nationals within the United States solely on the basis of an indictment, warrant, or request issued by the International Criminal Court,” Wittmann said.
