Mamdani Clarifies NYC Lacks Authority to Arrest Netanyahu, Urges Federal Government to Act

New York City Mayor Zohran Mamdani announced Tuesday that the city does not possess the legal authority to apprehend Israeli Prime Minister Benjamin Netanyahu. This statement marks a departure from his earlier mayoral campaign promise. However, Mamdani still urged the federal government to enforce the International Criminal Court's (ICC) arrest warrant should the Israeli leader visit New York.

In a video shared on social media, Mamdani labeled Netanyahu a "war criminal" while acknowledging that New York City authorities could not independently carry out the ICC warrant.

"As I've said, I agree with the ICC that Benjamin Netanyahu should be arrested and tried for his crimes, as I do for anyone else charged by the ICC," Mamdani stated.

He further elaborated on the city's legal position: "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. 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."

Mamdani's remarks underscore the legal reality that a New York City mayor lacks the power to enforce an International Criminal Court warrant or to issue a city-specific arrest warrant through an executive order.

Despite this, Mamdani maintained that Netanyahu would not be welcomed in New York City.

"I want to be equally clear: Benjamin Netanyahu is not welcome in New York City, nor is any other war criminal at large," he asserted.

Mayor's Statement on Legal Authority

This recent declaration represents a change from Mamdani's 2025 campaign commitment, wherein he pledged that New York City would arrest Netanyahu if the Israeli prime minister were to visit the metropolis.

Mamdani's Tuesday comments followed a statement he made two days prior to The New York Times, where he mentioned that the city's Law Department was evaluating whether New York possessed the legal standing to arrest Netanyahu if he came to the city.

Netanyahu is anticipated to travel to New York in September for the annual United Nations General Assembly.

"I believe that Prime Minister Netanyahu belongs in The Hague," Mamdani told the Times. "He's a war criminal who has been charged by the International Criminal Court."

Netanyahu's Office Responds

Netanyahu's office dismissed Mamdani's comments on Sunday, characterizing the ICC as a "kangaroo court" that holds "no jurisdiction over Americans or Israelis."

"Instead of backing Khan's criminal behaviour, Mr. Mamdani should focus on fixing the damage his policies have caused New York," Netanyahu's office added.

ICC Warrants Explained

The International Criminal Court issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant in November 2024. These warrants are related to alleged war crimes and crimes against humanity in connection with Israel's military operations in Gaza.