NEW YORK — New York City Mayor Zohran Mamdani has acknowledged that he does not have the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu, retreating from earlier remarks that his administration was exploring whether it could enforce an International Criminal Court (ICC) arrest warrant during Netanyahu’s expected visit to New York for the United Nations General Assembly.
Mamdani, who has repeatedly described Netanyahu as a “war criminal,” said his administration cannot independently execute the ICC warrant but urged the U.S. federal government to do so instead. The mayor’s comments have intensified divisions within the Democratic Party over the war in Gaza and the role of international law.
Several progressive Democrats defended Mamdani’s criticism of the Israeli leader. Representative Rashida Tlaib supported the idea of arresting Netanyahu, calling him a “war criminal,” while Representative Summer Lee echoed that characterization but did not take a position on whether New York had the legal authority to carry out an arrest.
Other Democrats rejected the proposal, arguing that it is not legally feasible. Representative Jerry Nadler pointed to protections afforded to foreign leaders attending United Nations meetings, while legal experts noted that the United States is not a member of the ICC and has no domestic legal mechanism to enforce its arrest warrants. In addition, existing U.S. law and diplomatic immunity present significant legal barriers to any such action.
The International Criminal Court issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant in 2024 over alleged war crimes and crimes against humanity related to the conflict in Gaza. Israel rejects the allegations, disputes the ICC’s jurisdiction, and has condemned the warrants as politically motivated.
President Donald Trump has also dismissed the possibility of Netanyahu being arrested while visiting the United States, stating that the Israeli prime minister would not be detained.
While Mamdani has stepped back from suggesting New York City could make the arrest, his remarks have fueled renewed debate over U.S. policy toward Israel, the authority of the International Criminal Court, and the widening divide among Democrats over the war in Gaza.