Mamdani says New York City can’t arrest Netanyahu but the federal government should
New York City Mayor Zohran Mamdani said on Tuesday that the city has no legal authority to enforce the International Criminal Court's arrest warrant against Israeli Prime Minister Benjamin Netanyahu, but urged the US federal government to act instead. The comments come amid heightened attention on whether Netanyahu could face arrest on American soil, and highlight the limits of a city mayor's power over international law enforcement matters, even one who had previously campaigned on the issue.
In a video statement, Mamdani said Netanyahu "is not welcome in New York City, nor is any other war criminal at large," while acknowledging "we do not have the independent legal authority to enforce this warrant," and called on Washington to "join the ICC." The ICC issued warrants against Netanyahu and former defence minister Yoav Gallant in 2024 over alleged crimes against humanity in Gaza, including claims they used starvation as a method of warfare, which Israeli officials deny. President Trump said on Monday that Netanyahu "will not be arrested, in any way, shape, or form" while in the US, and Israeli Ambassador Danny Danon accused Mamdani of serving "Hamas' propaganda" rather than New Yorkers. Mamdani had previously said during his campaign that he would seek to arrest Netanyahu if he visited New York for the UN General Assembly in September.
In short
- Mamdani says NYC can't enforce Netanyahu's ICC arrest warrant
- He wants the federal government to act and join the ICC
- Trump says Netanyahu won't be arrested in the US
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Advocates for enforcing the warrant argue that international justice mechanisms must apply impartially, regardless of a nation's strategic importance or a leader's political stature. They contend that allegations of crimes against humanity—including starvation of civilians—warrant serious investigation and prosecution; ignoring them would undermine international law's credibility and suggest that military power insulates leaders from accountability. They believe the US should join the ICC and demonstrate that even allies must answer for alleged transgressions.
The case against
Critics counter that the US has longstanding reasons for not joining the ICC, including concerns about its own sovereignty and the court's selective application of justice. They argue that Israel is a crucial strategic partner in a complex region, and arresting its prime minister would damage vital military and intelligence relationships without necessarily advancing peace or justice. They suggest that international law should be weighed against prudent statecraft and national interests, and that diplomatic pressure may achieve more than coercive action.
Explained simply
The International Criminal Court investigates and prosecutes people accused of serious crimes under international law. In 2024, it issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant over alleged crimes in Gaza; Israeli officials deny the allegations.
The United States is not a member of the court, and its federal government has not joined the ICC. New York City’s mayor oversees city government, but does not control federal law enforcement or the country’s international commitments.
The issue matters because an ICC warrant can create questions about whether a person may be arrested when travelling abroad, and which authorities have the power to act. Netanyahu, the US government and the city government have different roles in that question.
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