New York City Mayor Zohran Mamdani has acknowledged that the city does not have the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu under an International Criminal Court (ICC) warrant, while urging the US federal government to enforce the warrant if Netanyahu visits the United States later this year.
The statement marks a significant shift from Mamdani's previous campaign pledge to arrest Netanyahu if he entered New York City and comes ahead of the Israeli prime minister's expected visit to the United Nations General Assembly in September.
In a video posted on social media on Tuesday, Mamdani said his administration had conducted a legal review to determine whether New York City could execute the ICC arrest warrant.
"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," Mamdani said.
"It is clear that we do not have the independent legal authority to enforce this warrant."
Despite that conclusion, Mamdani urged Washington to take action.
"The federal government, however, does – and I call on them to join the ICC and execute this warrant," he said.
He also reiterated his criticism of the Israeli leader, describing Netanyahu as "a war criminal" and "the architect of a horrific genocide against the Palestinian people."
"I want to be equally clear: Benjamin Netanyahu is not welcome in New York City, nor is any other war criminal at large," he added.
Shift from campaign pledge
During his mayoral campaign, Mamdani repeatedly pledged that New York police would arrest Netanyahu if he visited the city under the ICC warrant.
Last week, he said his administration was still reviewing whether such an arrest would be legally possible. Earlier this month, he also told The New York Times that he was in active discussions with the city's legal department on the issue.
Speaking to journalist Mehdi Hasan in late 2024 after launching his mayoral campaign, Mamdani said New York City's values aligned with international law and that Netanyahu would be arrested if he entered the city.
Later, in an October 2025 interview with Fox News, he said he would "exhaust every legal option" available but would not introduce new laws to facilitate such an arrest.
Tuesday's announcement confirms that the legal review concluded New York City lacks the independent authority to carry out the ICC warrant.
Netanyahu expected at UN General Assembly
The issue has gained urgency because Netanyahu is expected to travel to New York in September to attend the United Nations General Assembly.
Mamdani said he believes Netanyahu "belongs in The Hague," referring to the Dutch city where the International Criminal Court is based.
ICC warrant and legal challenges
The ICC issued arrest warrants for Netanyahu and former Israeli Defence Minister Yoav Gallant in 2024 over alleged war crimes and crimes against humanity related to Israel's military campaign in Gaza.
The court said there were reasonable grounds to believe the two officials used starvation as a method of warfare by restricting humanitarian aid and intentionally targeted civilians during the conflict. Israeli officials have denied all allegations.
Although the ICC maintains jurisdiction over the Palestinian territories, including Gaza, the West Bank and East Jerusalem, both the United States and Israel are not parties to the Rome Statute, the treaty that established the court.
Legal experts have long questioned whether a US city has the authority to enforce an ICC warrant against a foreign leader. Some have also pointed to the American Servicemembers' Protection Act of 2002, which limits cooperation between US authorities and the ICC.
New York State Assemblymember Simcha Eichenstein has even urged Attorney General Letitia James to examine whether Mamdani violated state law by previously threatening to arrest Netanyahu.
Trump rejects arrest, backs Netanyahu
US President Donald Trump strongly rejected any possibility of Netanyahu being arrested while in the United States.
On his Truth Social platform, Trump wrote that Netanyahu "will not be arrested, in any way, shape, or form, while in the United States of America."
He also defended the Israeli prime minister, saying Netanyahu was "fighting against the Islamic Republic of Iran" and argued that those responsible for Iran's actions should instead face arrest.
The Trump administration has also sought to sanction the ICC and does not recognize the court's authority.
Israeli officials push back
Netanyahu dismissed Mamdani's remarks, saying he was "not concerned" about the mayor's comments.
Israel's Ambassador to the United Nations, Danny Danon, also criticized Mamdani, writing on social media: "Enough."
"You were elected to serve New Yorkers, not Hamas' propaganda. Do your job!" Danon added.
Earlier, Netanyahu's office accused Mamdani of attempting to distract attention from domestic issues by targeting "the leader of the Jewish state and the only democracy in the Middle East."
Mamdani's latest remarks have intensified debate over the limits of local government authority, the role of international law in the United States, and the legal complexities surrounding the enforcement of ICC arrest warrants.
While the mayor has now acknowledged New York City cannot independently arrest Netanyahu, his call for federal action ensures the controversy is likely to continue as the Israeli prime minister's expected UN visit approaches.
