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

New York City Mayor Zohran Mamdani has acknowledged that his administration does not have the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu if he travels to the city, despite previously promising to detain him during his annual visit for the United Nations General Assembly.

In a video posted on X on Tuesday, Mamdani said his team had examined every legal option available but concluded that New York City cannot enforce the International Criminal Court's arrest warrant independently.

Instead, he urged the US federal government to join the International Criminal Court and carry out the warrant if Netanyahu enters the country. Mamdani's latest comments mark a shift from his earlier campaign promises while maintaining his position that Netanyahu should face arrest.

The Israeli prime minister is wanted by the International Criminal Court over allegations linked to Israel's military campaign in Gaza, allegations that Israel has denied while rejecting the court's jurisdiction.

Legal Authority Under Federal Government

Mamdani made several promises during his mayoral campaign to arrest Netanyahu if he attended the UN General Assembly in New York this September. On Monday, he repeated that position and described the Israeli leader as a 'war criminal'.

However, a day later, Mamdani said his administration had completed a legal review and determined that the city could not act on the International Criminal Court's warrant.

'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 X.

He added, '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 International Criminal Court issued an arrest warrant for Netanyahu, accusing him of war crimes and crimes against humanity in connection with Israel's military campaign in Gaza.

Earlier this month, Mamdani told in a podcast that he was in 'an active conversation' with his Law Department about whether he could direct the New York Police Department to arrest Netanyahu if he arrived in the city.

Opposition From Trump And Israel

Questions over whether New York City could enforce the International Criminal Court's warrant have drawn legal criticism.

The International Criminal Court issued arrest warrants in 2024 for Netanyahu and other Israeli officials over allegations of war crimes and crimes against humanity connected to Israel's military campaign following the October 7, 2023, Hamas attacks. Israel has denied the allegations and does not recognise the court's jurisdiction.

Legal analyst Elie Honig said the suggestion that New York City's mayor could order Netanyahu's arrest is not supported by law.

Honig pointed out that the United States has not ratified the Rome Statute, the treaty that established the International Criminal Court. Because the United States is not a party to the treaty, it is not required to carry out the court's arrest warrants.

He also said that matters involving foreign affairs and diplomatic relations fall under the authority of the federal government rather than city officials.

The Trump administration has also taken a firm position against the International Criminal Court during President Donald Trump's second term. Secretary of State Marco Rubio recently pledged to 'dismantle' the court, accusing it of using international law to target the United States and its allies.

Trump also dismissed Mamdani's remarks after the mayor repeated his position on Monday. Writing on Truth Social, the president said Netanyahu 'will not be arrested, in any way, shape, or form.'

Netanyahu also rejected Mamdani's comments, according to reports.

'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,' Netanyahu said.

Israel's ambassador to the United Nations, Danny Danon, also criticised Mamdani's latest statement on X.

'You were elected to serve New Yorkers, not Hamas' propaganda. Do your job!' Danon wrote.