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New York City Mayor Zohran Mamdani has called on federal authorities to act on the International Criminal Court's arrest warrant for Israeli Prime Minister Benjamin Netanyahu, while acknowledging that he himself lacks the legal power to order local police to detain the visiting leader. The remarks, made at a press conference on Wednesday, came a day after Mamdani posted a video statement in which he called Netanyahu a "war criminal" who is "not welcome in New York City."

Mamdani's comments have drawn attention as Netanyahu is expected to attend the United Nations General Assembly in September. The mayor has said his administration is reviewing whether it could arrest Netanyahu, even as he conceded that his authority over the New York Police Department does not extend to executing an ICC warrant.

Coverage Comparison

According to reporting by The Guardian, Mamdani's position has evolved over the past week. On Saturday, during an appearance on the New York Times podcast "The Interview," Mamdani said he was in "an active conversation" with the city's law department about the possibility of arresting Netanyahu. He stated, "Whatever the law allows me to do in New York City, that's what we will do. But we won't be writing our own laws to that end."

That statement echoed his campaign pledge from last fall, when he told the New York Times he would order the NYPD to arrest Netanyahu if the Israeli prime minister ever set foot in the city. The Guardian's coverage also notes that Mamdani had characterized Israel's military actions in Gaza as "genocide" and Netanyahu as a war criminal during his successful mayoral campaign. He also condemned the 7 October 2023 Hamas attacks on Israel as a "horrific war crime."

The narrative shifted this week when Mamdani, after initially suggesting his administration might act, acknowledged that he has no legal authority to direct the NYPD to arrest Netanyahu. Instead, he put the onus on the federal government, urging it to "join the international criminal court and to execute both this warrant as well as any warrant the international criminal court holds."

Key Claims

  • The International Criminal Court issued an arrest warrant for Benjamin Netanyahu in November 2024 over alleged war crimes in Gaza.
  • Mamdani has called on federal authorities to execute the ICC warrant, while stating he lacks the legal authority to order New York police to arrest Netanyahu.
  • The United States and Israel are not members of the ICC, which the US government has long opposed.
  • Secretary of State Marco Rubio has this month threatened to "dismantle" the ICC by pressuring other nations to abandon it.
  • President Donald Trump has said Netanyahu will not be arrested on US soil.
  • Mamdani believes Netanyahu "belongs in The Hague," referring to the Dutch city that hosts the ICC.
  • The ICC warrant also covers former Israeli defence minister Yoav Gallant, accusing both of war crimes and crimes against humanity, including "starvation as a method of warfare, and … murder, persecution, and other inhumane acts."
  • During his mayoral campaign, Mamdani pledged to order the NYPD to arrest Netanyahu if he visited New York.
  • Legal experts cited by the New York Times judged that having Netanyahu arrested "would be a practical impossibility," according to The Guardian's reporting.

Context

The ICC's warrant against Netanyahu and Gallant marks the first time the court has targeted a leader of a close US ally. The US and Israel are not party to the Rome Statute that established the ICC, and the US government has consistently opposed the court's jurisdiction over its citizens or allies. The Trump administration's stance, as articulated by Secretary Rubio, signals continued opposition to the court's actions.

Mamdani's position places him at odds with the federal government, reflecting a broader debate within the US about the ICC's authority and the extent to which state and local officials can—or should—enforce its warrants. The mayor's remarks also come amid a backdrop of congressional action; The Guardian reports that US House Democrats voted to strip $3.3bn in military aid to Israel, a move that underscores the contentious political climate surrounding the Gaza conflict.

The legal and diplomatic implications of Mamdani's statements remain to be seen, but his call for federal action highlights the tension between international law and US policy. As Netanyahu's potential visit approaches, the question of whether any US authority will act on the ICC warrant continues to dominate headlines.