Zohran Mamdani admits NYC lacks legal authority to arrest Netanyahu

New York City Mayor Zohran Mamdani has publicly acknowledged that his administration lacks the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu. This admission, delivered in a video statement posted on social media, follows a comprehensive legal review by his administration into whether the city could independently execute an International Criminal Court (ICC) warrant during the prime minister's anticipated visit to the United Nations General Assembly in September.

The mayor’s statement marks a departure from campaign pledges made during his successful run for office, where he promised to detain the Israeli leader if he arrived in the city. Mamdani, who has frequently described the Israeli prime minister as a "war criminal," stated that while he continues to support the findings of the international tribunal regarding the military campaign in Gaza, his office concluded that municipal power does not extend to the enforcement of international warrants. "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. "It is clear that we do not have the independent legal authority to enforce this warrant."

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Why Zohran Mamdani Wants US To Arrest Benjamin Netanyahu if He Visits America

Federal Authority and Diplomatic Immunity

Despite conceding the limitations of his office, the mayor has continued to challenge federal policy, urging the United States government to join the ICC and carry out the warrant. Mamdani asserted that the prime minister is "not welcome in New York City."

Legal experts have consistently maintained that the mayor’s initial threats were legally unsupported. Elie Honig, a legal analyst, noted that the United States has not ratified the Rome Statute, the treaty establishing the ICC, and therefore holds no obligation to enforce its warrants. Furthermore, authority over foreign affairs and diplomatic immunity remains strictly under the purview of the federal government, not municipal leadership. The ICC issued arrest warrants in 2024 for Benjamin Netanyahu and the former Israeli defense minister Yoav Gallant, alleging war crimes and crimes against humanity, including "starvation as a method of warfare, and … murder, persecution, and other inhumane acts."

The federal government has rejected the mayor's calls. President Donald Trump, addressing the situation via social media, explicitly dismissed the possibility of an arrest, stating that the prime minister "will not be arrested, in any way, shape, or form." Secretary of State Marco Rubio has further solidified this position, recently advocating for the dismantling of the ICC and accusing the body of targeting the United States and its allies.

A Polarised Response

Mamdani’s sustained campaign against the prime minister has drawn intense criticism from both domestic political opponents and Israeli officials. Senator John Fetterman referred to the mayor as a "clown," suggesting he should "sit down" and focus on matters within his jurisdiction. Similarly, Israel’s ambassador to the United Nations, Danny Danon, condemned the statements as "Hamas’ propaganda," urging the mayor to focus on local governance. Jonathan Harounoff, a former Israeli spokesperson at the United Nations, characterized the mayor’s initial threats as "political theater."

Conversely, some legal scholars have defended the mayor's actions as a form of moral advocacy. Adil Haque, a legal scholar, argued that the mayor is "exploring every legal avenue and exhausting all legal options," suggesting that the use of his platform serves to highlight the severity of the allegations surrounding the conflict. Pro-Palestinian advocates have expressed mixed reactions to the mayor’s latest pivot, with some praising his "moral clarity" while others voiced disappointment that he walked back his campaign promise to seek the prime minister's arrest.

For his part, the Israeli prime minister has previously indicated that he is "not concerned" with the mayor's threats. His office issued a statement labeling the ICC a "kangaroo court" and suggesting that the mayor is attempting to divert public attention from local policy failures.

As the United Nations General Assembly approaches in September, the mayor has stated his intention to continue using his voice to defend what he describes as the humanity and dignity of all people, even as he acknowledges that the city cannot act to end the military campaign on its own.