Why Mamdani concluded he can’t arrest Israel’s PM Netanyahu

NEW YORK — New York City Mayor Zohran Mamdani acknowledged Tuesday that he lacks the authority to arrest Israeli Prime Minister Benjamin Netanyahu over an International Criminal Court warrant, a limitation that legal experts told Al-Monitor stems from US law and international agreements. Nonetheless, they said the episode could reinforce the growing diplomatic isolation surrounding the Israeli leader.

Mamdani, a democratic socialist who took office in January, said in a video address Tuesday night, "It is clear that we do not have the independent legal authority to enforce this warrant," referring to the ICC warrant against Netanyahu. 

Mamdani referred to Netanyahu as a "war criminal" and called on the federal government to execute the warrant, while declaring the prime minister is "not welcome" in the city. 

Mamdani had told The New York Times on Saturday that his legal department was engaged in an “active conversation” about whether the law allows him to order the arrest of Netanyahu based on the ICC warrant. The mayor, who is a vocal supporter of the Palestinian cause and critic of Israel’s actions in the region, pledged during his campaign last year to arrest Netanyahu, citing the ICC warrant. 

Mamdani’s efforts were dismissed by both Israel and President Donald Trump. The latter said on Truth Social on Monday that Netanyahu “will not be arrested, in any way, shape, or form” in the United States. Netanyahu’s office said the “ICC is a kangaroo court that has no jurisdiction over Americans or Israelis” in a Sunday statement. 

The ICC issued an arrest warrant for Netanyahu in November 2024, saying it had reason to believe the prime minister bore responsibility for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution and other inhumane acts” against Gaza's civilian population. 

More than 67,000 Palestinians were killed by the Israeli military in Gaza before an October 2025 ceasefire, according to Gaza's health authorities. Around 1,200 Israelis were killed in Hamas' Oct. 7, 2023, attack. Israel has continued carrying out strikes since the ceasefire, and health authorities say the death toll is now above 73,000. 

The court simultaneously issued additional warrants for former Israeli Defense Minister Yoav Gallant and late Hamas military leader Mohammed Deif. 

Netanyahu is expected to be in New York for the United Nations General Assembly in September. 

Neither the United States nor Israel is a party to the ICC, and the State Department announced earlier this month the start of a campaign to "systematically disable the ICC’s ability to operate, target American servicemen or officials, or otherwise threaten American sovereignty." The department said it is considering actions such as highlighting alleged abuses by the ICC and calling on countries that cooperate with the United States to reject the court's "purported authority" to prosecute US soldiers.  

The ICC is an intergovernmental organization that acts as a tribunal to prosecute genocide, crimes against humanity and war crimes. It has investigated conflicts in several countries, many on the African continent. 

Lacking legal basis

Stephen Pomper, chief of policy at the International Crisis Group, said there are “multiple impediments” to Mamdani ordering the arrest of Netanyahu. 

“The primary impediment is probably the American Servicemembers’ Protection Act, which prohibits government entities from the local to federal level from extraditing individuals to the ICC. That’s a pretty hard bar,” Pomper told Al-Monitor. 

The act was passed in 2002 — the same year the ICC was established — and was designed to protect US soldiers from potential criminal prosecution by the court. 

Pomper additionally pointed to the 1947 Headquarters of the United Nations Agreement between the United States and the UN, which guarantees representatives of member states the right to travel to and from the headquarters, as well as immunities for heads of state under US and international law. 

“A sitting head of government would enjoy immunities which I think the Trump administration would assert on his [Netanyahu’s] behalf,” he said. 

Alex Whiting, a professor at Harvard Law School, added that the United States not being a party to the ICC precludes New York authorities from being able to arrest Netanyahu.

“The US is not a member of the ICC, so there is no legal mechanism in US law to enforce that warrant,” he told Al-Monitor. “There’s no provision to allow New York City police to arrest him.” 

Whiting said there could have been repercussions for the city should Mamdani order Netanyahu’s arrest, pointing to the American Servicemembers’ Protection Act. 

Netanyahu is not the first world leader expected at the UN General Assembly to face scrutiny over an ICC warrant. In 2013, then-Sudanese President Omar al-Bashir applied for a visa to the United States for the General Assembly, but he ultimately canceled the trip amid pressure from the Obama administration and the international community. The ICC had issued an arrest warrant for Bashir in 2009 over his role in the Sudan conflict. 

Growing pressure

Whiting said Mamdani's goal may be less about actually arresting Netanyahu than about increasing pressure on him, noting that many ICC warrants have gone unenforced.

“One way ICC warrants get enforced is through soft power. Targets are marginalized in diplomatic and political spheres. It gives the warrant a consequence,” he said. “I think Mamdani is thinking like this. He’s reminding people of the warrant … adding to the marginalization of Netanyahu.” 

The ICC has issued 25 arrest warrants for suspects who remain at large, including Netanyahu. Another 17 individuals facing ICC arrest warrants are either in ICC custody or have been convicted, according to the court website.

Pomper said Mamdani may be “trying to draw attention to the serious allegations Netanyahu is facing.” 

Members of Netanyahu’s cabinet have faced growing scrutiny over their international travel since the start of the Gaza war in late 2023. National Security Minister Itamar Ben-Gvir was banned from entering France in May after a video showed him taunting detained passengers of an aid flotilla that was sailing to Gaza. A month later, France banned Finance Minister Bezalel Smotrich, citing his support for annexing the occupied West Bank. 

In late 2023, South Africa brought a genocide case against Israel before the UN's International Court of Justice based on Israeli conduct in the Gaza war. The court has not made a definitive ruling in the case but has issued orders against Israel in the war, including measures aimed at preventing civilian loss of life and improving the dire humanitarian situation in the enclave.