New York City Mayor Zohran Mamdani has clarified that his administration does not possess the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu, even though an International Criminal Court (ICC) warrant exists for the Israeli leader. In a video statement released Tuesday, Mamdani, a Democrat, explained that after reviewing all available legal avenues, it became clear that the city cannot independently execute the ICC arrest warrant. He called on the federal government to step in and fulfill that role, emphasizing that Washington has the necessary jurisdiction and power.
The ICC, based in The Hague, issued arrest warrants in November 2024 for Netanyahu and former Israeli Defense Minister Yoav Gallant, accusing them of war crimes and crimes against humanity in the Gaza Strip. The charges stem from Israel's military campaign launched in response to the Hamas-led attack on October 7, 2023, which killed about 1,200 Israelis and saw over 250 taken hostage. Israel’s subsequent offensive has devastated much of Gaza, with Palestinian health officials reporting over 40,000 deaths, widespread destruction, and a severe humanitarian crisis. The ICC prosecutor argued that there are reasonable grounds to believe Netanyahu and Gallant bear criminal responsibility for actions including the use of starvation as a method of warfare, intentionally directing attacks against civilians, and other inhumane acts.
Mamdani’s remarks mark a significant shift from his earlier statements. Over the weekend, he told The New York Times that he was exploring the legal feasibility of arresting Netanyahu if the prime minister were to attend the United Nations General Assembly in New York this September. That comment sparked a strong reaction from the Israeli Prime Minister's Office, which denounced it as a politically motivated stunt. President Donald Trump, a staunch ally of Netanyahu, also weighed in on Monday, declaring that the Israeli leader would "not be arrested in the United States" and accusing Mamdani of harboring anti-Israel sentiment. Trump, who has a history of feuding with progressive New York politicians, framed the issue as a matter of national sovereignty and alliance solidarity.
In his video, Mamdani did not back down from his moral stance. "I share the ICC's view that Benjamin Netanyahu should be arrested and tried for his crimes, just as I would for any other person indicted by the ICC," he said. He described the devastation in Gaza as something "anyone with eyes, heart, and conscience" should recognize, and insisted that Netanyahu must face a tribunal. However, he conceded that New York City lacks the independent legal authority to enforce an international arrest warrant. Under U.S. law, the execution of ICC warrants is a federal matter, and the United States is not a state party to the Rome Statute, the treaty that established the ICC. The U.S. government has historically rejected ICC jurisdiction over its citizens and allies, passing laws like the American Service-Members' Protection Act (also known as the "Hague Invasion Act") to prevent U.S. cooperation with the court.
The legal landscape is complex. While the ICC has no direct enforcement mechanism in countries that are not parties to the court, the United Nations Security Council could refer cases, but that is unlikely given U.S. veto power. Moreover, the U.S. has signed bilateral immunity agreements with many nations to shield American and allied officials from ICC prosecution. In the case of Netanyahu, any arrest would require a federal court order or action by the State Department, neither of which has been forthcoming. The Trump administration has made clear it will not cooperate with the ICC, and previous administrations—both Democratic and Republican—have opposed the court's jurisdiction over Israel, which is not a party to the Rome Statute either.
Mamdani’s call for federal action is thus largely symbolic, but it underscores the growing domestic and international pressure on Netanyahu. The ICC's warrant has added a legal dimension to the already intense political debate over the Gaza war. Human rights groups have praised the court's move, while Israel and its supporters have condemned it as biased and politically motivated. The United States has not recognized the ICC's authority over Israel, but some European countries, including France and Germany, have expressed conditional support for the court's independence, though they have also said they would not necessarily arrest Netanyahu if he visits.
The broader context of the conflict is critical to understanding the warrant. The October 7 attack by Hamas and other armed groups killed approximately 1,200 people, mostly civilians, and abducted hundreds. Israel responded with a massive air and ground campaign that has leveled entire neighborhoods, displaced over 1.9 million people, and triggered a humanitarian catastrophe, with widespread hunger and disease. The ICC’s investigation into both sides—including Hamas leaders for the October 7 attacks—has been ongoing since 2021, but the warrants for Netanyahu and Gallant were the first against senior Israeli officials. The court also issued warrants for Hamas leaders Yahya Sinwar and Ismail Haniyeh (both later killed by Israel) for crimes including murder, hostage-taking, and sexual violence.
Mamdani, a progressive Democrat elected mayor of New York in 2023, has been a vocal critic of Israel's military strategy. His stance reflects a growing divide within the Democratic Party, where younger and more left-leaning members have pushed for a more critical approach to Israel, including calls for a ceasefire and restrictions on U.S. military aid. The mayor’s position has drawn sharp criticism from pro-Israel groups and Republican leaders, who accuse him of siding with terrorists and undermining the U.S.-Israel alliance. Trump, who moved the U.S. embassy to Jerusalem and recognized Israeli sovereignty over the Golan Heights, has used the issue to rally his base and attack Democrats as anti-Israel.
The question of whether Netanyahu can be arrested in New York remains academic for now. He is not expected to attend the UN General Assembly in 2025 due to security concerns and ongoing legal challenges at home. Israel is also facing an International Court of Justice (ICJ) case brought by South Africa alleging genocide, and several countries have referred the situation to the ICC. Netanyahu’s domestic political position has also weakened due to the war’s unpopularity and corruption trials, but he remains in power as head of a coalition government.
For the time being, Mamdani’s statement serves as a reminder that while local officials may lack the power to enforce international law, the moral and legal questions surrounding the Gaza war continue to reverberate far beyond the region. The ICC’s warrant puts Netanyahu in a category with leaders like Russian President Vladimir Putin, who faces a similar warrant for alleged war crimes in Ukraine. Whether that legal pressure will ever translate into actual arrest or trial remains uncertain, but it shapes the global discourse around accountability and justice in armed conflict.
The mayor’s call for federal action also highlights the tension between international law and U.S. national interests. The United States has long argued that the ICC infringes on national sovereignty and can be used to target American officials and allies. However, human rights advocates contend that the court is a crucial tool for holding powerful figures accountable when domestic systems fail. As the war in Gaza continues, with no clear end in sight, the debate over the ICC’s role and the possibility of arresting Netanyahu is likely to intensify, especially if the prime minister considers traveling to countries that are party to the Rome Statute.
In conclusion—though we forgo that section—the story shows how local politics can intersect with international justice. Mamdani’s initial suggestion raised hopes among some activists and fears among others, but his clarification that he cannot act alone underscores the limits of municipal power in global affairs. The next steps—if any—rest with Washington, which has shown no willingness to change its policy toward the ICC or Netanyahu. Meanwhile, the conflict grinds on, and the world watches to see whether the warrants will ever be enforced or remain a symbolic gesture.
Source:20 minutes News