New York Mayor Mamdani Admits He Can’t Arrest ‘War Criminal’ Netanyahu

New York Mayor Mamdani States City Lacks Authority to Enforce ICC Arrest Warrant for Netanyahu

Since his campaign for New York City mayor, Zohran Mamdani has stated that he would order the arrest of Israeli Prime Minister Benjamin Netanyahu if Netanyahu entered the city under an International Criminal Court warrant. On Tuesday, Mamdani said the city does not have independent authority to carry out such an arrest without federal involvement.

“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 posted on social media Tuesday evening. “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,” he added. President Donald Trump has rejected the proposal.

The statement followed Mamdani’s comments to the New York Times days earlier that he was in active discussion with the city’s legal department about whether he could direct police to detain foreign officials such as Netanyahu. Netanyahu is scheduled to attend the United Nations General Assembly in New York in September.

The ICC issued arrest warrants for Netanyahu and Israel’s former defense minister for alleged crimes against humanity and war crimes connected to operations in the Gaza Strip. Both men have denied the allegations. The United States and Israel are not parties to the Rome Statute that established the court’s authority. The Trump administration has stated it seeks to limit the ICC’s operations.

Mamdani previously told journalist Mehdi Hasan in late 2024 that Netanyahu was not welcome in New York and that the city would act in accordance with international law. In October 2025, he told Fox News he would examine all existing legal options but would not enact new measures to enable an arrest.

Netanyahu maintains close ties with the Trump administration. On Monday, Trump posted on Truth Social that Netanyahu “will not be arrested, in any way, shape, or form, while in the United States of America,” citing Netanyahu’s actions against Iran and past Iranian attacks on U.S. personnel.

Legal analysts have questioned whether city officials possess the power to enforce an ICC warrant. The American Servicemembers Protection Act of 2002 restricts local cooperation with ICC proceedings. New York State Assemblymember Simcha Eichenstein has asked Attorney General Letitia James to review whether Mamdani’s statements violate state law.

U.S. Ambassador to the United Nations Mike Waltz wrote on social media that the U.N. Headquarters Agreement provides diplomatic protections to visiting heads of government during the General Assembly session. Israeli Ambassador to the U.N. Danny Danon stated on social media that Mamdani should be the subject of scrutiny and accused him of antisemitism and support for Hamas and Iran. Netanyahu’s office responded that Mamdani should address local policy issues rather than the ICC matter.

The ICC maintains that it has jurisdiction over events in Palestinian territories including Gaza, the West Bank, and East Jerusalem, and treats Palestine as a state party to the Rome Statute. Netanyahu’s office has described the ICC warrants as lacking legitimacy.

Mamdani’s position on the warrants has remained consistent since his mayoral campaign announcement. City officials have not indicated any new legislation or executive orders to expand local enforcement powers in this area. Federal authorities have primary responsibility for decisions on foreign diplomatic visits and compliance with international court requests.

The September General Assembly schedule includes multiple heads of state whose security arrangements are coordinated through federal and U.N. channels. Any attempt by city police to act on an ICC warrant would require coordination with those federal entities and could prompt court review under existing statutes.