New York City Mayor Zohran Mamdani has acknowledged that the city does not have the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu if he visits New York for the United Nations General Assembly in September.
Mamdani had previously said he supported enforcing the arrest warrant issued against Netanyahu by the International Criminal Court. The ICC issued warrants in 2024 for Netanyahu and former Israeli Defense Minister Yoav Gallant, accusing them of war crimes and crimes against humanity related to Israel’s military campaign in Gaza.
The allegations include the use of starvation as a method of warfare, as well as murder, persecution and other inhumane acts. Netanyahu and the Israeli government have rejected the accusations.
Israel launched its military campaign in Gaza after Hamas attacked southern Israel on Oct. 7, 2023. The assault killed more than 1,200 people, and over 250 others were taken hostage.
In an interview with The New York Times, Mamdani said he believed Netanyahu should be tried in The Hague, where the ICC is based. He later described the Israeli leader as a war criminal and accused him of overseeing what Mamdani called a genocide against Palestinians.
Neither the United States nor Israel is a member of the ICC, raising serious questions about whether the court’s warrant could be enforced on American soil.
Mamdani said his administration consulted with city attorneys to explore whether New York City could act on the warrant. In a video released Wednesday, he said lawyers had reviewed every possible option under existing law.
Their conclusion was clear: the city could not independently arrest Netanyahu.
Mamdani said the federal government would have that authority if the United States joined the ICC and agreed to enforce its warrants. He called on federal officials to do so, while repeating that Netanyahu was not welcome in New York.
U.S. Ambassador to the United Nations Michael Waltz dismissed the proposal, writing on social media that an arrest would not happen.
Waltz pointed to several legal obstacles. He noted that the United States is not a party to the Rome Statute, the treaty that created the ICC. He also cited the United Nations Headquarters Agreement, which provides certain protections to visiting foreign leaders, along with head-of-state immunity and the federal government’s authority over foreign affairs.
President Donald Trump also said Netanyahu would not be arrested if he entered the United States. In a Truth Social post, Trump defended the Israeli prime minister and argued that blame should instead be directed at Iranian leaders.
Israeli Ambassador to the United Nations Danny Danon responded sharply to Mamdani’s comments. Danon accused the mayor of providing political cover for terrorist groups and criticized a meeting between a representative of Mamdani’s administration and Iran’s ambassador to the United Nations.
Republican Sen. Tom Cotton also criticized Mamdani, arguing that the mayor was applying a double standard. During an appearance on Fox News, Cotton questioned why Mamdani had focused on Netanyahu rather than leaders from Iran or other countries accused of serious human rights abuses.
The dispute highlights the limits of a mayor’s power in matters involving international law and foreign policy. Immigration, diplomatic immunity and relations with foreign governments are generally handled by federal authorities, not city officials.