Should the City of New York arrest Benjamin Netanyahu when he visits the United Nations in September?
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So, this was a timely poll. Mayor Zohran Mamdani of New York just shared a video yesterday in which he excoriated Netanyahu, branded him as the architect of a genocide, but admitted reluctantly that he didn't have legal authority to arrest the Israeli prime minister:
My answer is still yes, unconditionally. Here's my thinking:
If the legal framework of the US allows the architect of a genocide to travel through the US with impunity -- to flaunt his immunity to arrest -- then that framework has to change.
One good way to change it is to just arrest him and hold him. Extradite him if possible; let him rot in prison if not.
The USA cannot be the safe haven for war criminals, even if our federal government fails to participate in the ICC.
This would be incredibly provocative, nationally and internationally. It would trigger a constitutional crisis. It would probably endanger the rest of Mamdani's agenda as mayor, at the very least.
So it comes down to what's more important: stopping a genocide, or the principle of diplomatic immunity? Stopping a genocide, or getting assistance from New York State to fund a free buses program? Stopping a genocide, or the principle that the federal government sets foreign policy? Stopping a genocide, or staying mayor?
@evan Israel belligerently disregards International Law all the time. Here's how ridiculous the argument sounds when those who disagree with the majority that is Yes, cynically says "but you can't do that." Know that y'all are saying, "you can't free the slaves." Yes, we can and we will, as they had freed themselves, so too will we do what is morally right and just, especially when we are acting in accordance with International Law.
Even if New York cannot arrest him, Netanyahu should live under the threat that wherever he goes outside Israel, he most likely will be stopped by police, asked questions, and run the risk of jail time.
There is no out-of-jail card for people who order genocide.
Accountability might take a while, but reckoning will come.
@llanciawn not with *that* attitude, no
@evan It's not a question of attitude, it's a question of authority: did you not listen to the Mayor?
@evan My heart says "yes", but I don't feel like I actually know what the geopolitical implications of that would be, so it's a "yes, but" from me.
@evan I'm with "Yes, but…" because it would be the right thing to do with any person that has an ICC arrest warrant, but unfortunately that means nothing in the US.
@evan Depends. Under what charges?
@evan Sadly, the US is not a party to the ICC.
Also, foreign diplomats have immunity when visiting the US. I’m not even sure NY can arrest him on *state* charges, much less ICC ones.
https://en.wikipedia.org/wiki/United_States_and_the_International_Criminal_Court
@drahardja What is more important than stopping an ongoing genocide?
@evan Yes, but you will need a party to the ICC waiting out in international waters, when you put him in a boat and tow him out there...
@evan If I'm not mistaken, a head of state enjoys immunity under international law.
@jargoggles @evan you’re absolutely right. I had actually forgotten that at that moment.
@bone187 @jargoggles @evan he still has diplomatic immunity.
@evan this is a question extremely hard to answer. So many pros and cons, all of them with potential of escalation. Personally I don't have enough knowledge, so can't judge, even I'd love to be able to say "yes".
