New York Mayor Zahran Mamdani stated that he lacks the authority to enforce the arrest warrant issued by the International Criminal Court (ICC) for Israeli Prime Minister Benjamin Netanyahu. Mamdani directed this call to the federal government.
The Democratic mayor said in a video posted on social media on Tuesday, "It is clear that we do not have independent legal authority to enforce this decision." Mamdani had previously described Netanyahu as a "war criminal" in an interview with the New York Times and said that the city's law department was seriously examining whether the Israeli leader could be arrested if he visited New York for the UN General Assembly in September.
ICC's arrest warrant for Netanyahu
The International Criminal Court in The Hague issued an arrest warrant for Netanyahu in 2024 over alleged war crimes committed during the Gaza war. Mamdani had made similar statements ahead of the mayoral election on November 4, 2025.
US laws block enforcement
Independent legal experts speaking to Reuters said that Mamdani does not have the authority to arrest Netanyahu. The experts stressed that the US generally grants immunity to heads of state and UN representatives, and that Washington is not a member of the ICC.
Professor Alex Whiting of Harvard Law School said that because the US is not a member of the ICC, there is no mechanism in American law to enforce the court's arrest warrants. Whiting added that the "American Service-Members' Protection Act" of 2002 explicitly prohibits the transfer of anyone to the ICC, regardless of citizenship.
Professor Rebecca Ingber of Cardozo Law School stated that sitting heads of government like Netanyahu generally have immunity from arrest and prosecution in American courts. Ingber noted that representatives of UN member states also enjoy this immunity when traveling to and from the organization's meetings.
Trump's guarantee for Netanyahu
In his video, Mamdani called on the federal government to enforce the arrest warrant. However, Whiting stated that the US would first need to join the ICC and repeal the American Service-Members' Protection Act, and that the immunity agreement between the UN and the US would also pose an obstacle.
Meanwhile, Republican US President Donald Trump announced on social media on Monday that Netanyahu would not be arrested while in the US.
