New York City Mayor said Tuesday that his administration cannot legally arrest Israeli Prime Minister Benjamin Netanyahu, despite reviewing every available legal option.
Instead, he called on the US federal government to join the International Criminal Court (ICC) and enforce the court’s arrest warrant against the Israeli leader if he visits New York.
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Zohran Mamdani urges the government to arrest Benjamin Netanyahu
Mamdani made several promises throughout his campaign to detain Netanyahu at his yearly trip to the UN General Assembly in September.
Mamdani reiterated the threat on Monday and labeled Netanyahu a “war criminal.”
However, on Tuesday, Mamdani stated in a video statement uploaded on X that “it is clear” his administration lacks the independent legal authority to carry out Netanyahu’s arrest warrant issued by the International Criminal Court.
“My administration has reviewed every avenue available under applicable law to determine whether New York City could execute the International Criminal Court’s arrest warrant if Benjamin Netanyahu came here,” Mamdani said in a video.
He continued and urged the federal government to act instead. He said, “It is clear that we do not have the independent legal authority to enforce this warrant. The federal government, however, does, and I call on them to join the ICC and execute this warrant.”
The Israeli prime minister will be charged with war crimes and crimes against humanity as part of Israel’s military campaign in Gaza, according to a warrant issued by the International Criminal Court.
Mamdani stated that he was in “an active conversation” with his Law Department regarding whether he could order the NYPD to arrest Netanyahu in an interview with The New York Times’ “The Interview” podcast earlier this month.
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Why New York City cannot enforce the ICC warrant
The ICC issued arrest warrants in 2024 for Netanyahu and other Israeli officials, alleging war crimes and crimes against humanity related to Israel’s military campaign following the October 7, 2023, Hamas attacks. Israel has denied the allegations and rejects the court’s jurisdiction.
CNN Senior Legal Analyst Elie Honig said the idea that New York City’s mayor could order Netanyahu’s arrest is legally untenable.
He noted that the United States has not ratified the Rome Statute, the treaty establishing the ICC. Countries that are not parties to the treaty are not obligated to execute ICC arrest warrants.
Honig added that foreign affairs and diplomatic relations fall exclusively under the authority of the federal government rather than municipal officials.
The Trump administration has also intensified its opposition to the ICC during the president’s second term. Secretary of State Marco Rubio recently vowed to “dismantle” the court, accusing it of using international law to target the United States and its allies.
Trump, Israel reject Mamdani’s position
After Mamdani’s threat on Monday, President Donald Trump responded on Monday, declaring on Truth Social that Netanyahu “will not be arrested, in any way, shape, or form.”
Netanyahu personally rejected the warning on Monday, according to ABC News. He said, “He’s with the terror actors. And, I think the problem is, you know, that he doesn’t recognize or he doesn’t care that those who hate the Jews and Israel ultimately hate America.”
Israel’s ambassador to the United Nations, Danny Danon, also sharply criticised Mamdani’s latest statement. “You were elected to serve New Yorkers, not Hamas’ propaganda. Do your job!” Danon wrote on X.
