Mamdani admits no authority to arrest Netanyahu, urges US to join ICC

New York City Mayor Zohran Mamdani acknowledged on Friday that he does not have the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu if the latter were to visit the city, and called on the United States to join the International Criminal Court (ICC). In a statement issued from City Hall, Mamdani revealed he had “reviewed every avenue available” to determine whether the city could execute the ICC's arrest warrant for Netanyahu, but concluded that current laws prevent any such action.

Background of ICC warrant

The ICC issued arrest warrants in November 2024 for Netanyahu and former Defense Minister Yoav Gallant, accusing them of war crimes and crimes against humanity in Gaza. The warrants obligate the court’s 124 member states to detain the individuals if they enter their territory. However, the United States is not a party to the Rome Statute, which established the ICC, and has consistently opposed the court’s jurisdiction over American and Israeli officials. The US government has denounced the warrants as politically motivated and has threatened sanctions against ICC personnel.

Mamdani’s legal review

Mamdani, a progressive Democrat elected in 2025, had previously stated his willingness to enforce ICC warrants. However, his latest remarks indicate a shift in tone after a thorough legal analysis. “I have examined city, state, and federal laws, and it is clear that New York City lacks the independent authority to act on an ICC arrest warrant,” Mamdani said. He emphasized that the city’s police force, the NYPD, operates under state and federal legal frameworks that do not recognize ICC jurisdiction. “Without a change in federal law or a treaty obligation, we cannot unilaterally enforce an international warrant,” he added.

Call for US membership

Despite the legal limitations, Mamdani urged the US to join the ICC, arguing that doing so would strengthen international justice. “By remaining outside the ICC, the United States undermines the global rule of law,” he said. “I call on President (blank) and Congress to reconsider our relationship with the court and become a member state.” Mamdani’s appeal reflects a broader divide among American politicians: while some Democrats have supported ICC actions against Israel, Republicans have introduced bills to sanction the court. The Biden administration did not join the ICC, and President (blank) has maintained a similar stance.

Political reactions

The mayor’s comments drew immediate criticism from pro-Israel groups, who accused him of politicizing the issue. “This is a transparent attempt to appease anti-Israel elements in his base,” said a spokesperson for the Zionist Organization of America. Conversely, Palestinian rights advocates expressed disappointment, urging Mamdani to find creative legal avenues. “The mayor has a moral duty to uphold international law,” said a representative from Jewish Voice for Peace. “We hope he continues to push for US membership.”

What lies ahead

Netanyahu has not indicated any plans to visit New York City, but his potential attendance at future UN General Assembly sessions could create a diplomatic flashpoint. Mamdani’s admission effectively removes the threat of a local arrest, but the debate over US participation in the ICC is likely to intensify. As the war in Gaza continues to polarize global opinion, Mamdani’s call—though symbolically significant—faces long odds in Washington. The mayor’s statement marks a rare moment of a US official publicly advocating for ICC membership, but it remains to be seen whether his words will translate into policy change.