New York City Mayor Zahran Mamdani said he lacks the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu for war crimes if he visits the largest city in the United States, after previously stating he was considering such a move. Mamdani did not elaborate on how he reached this conclusion. Independent legal experts said Mamdani lacks the authority to arrest Netanyahu because the United States generally recognizes immunity for heads of state and UN representatives, and because Washington is not a member of the International Criminal Court.
Here is a look at the legal issues:
Why does Mamdani want to arrest Netanyahu?
The International Criminal Court in The Hague issued an arrest warrant for Netanyahu in 2024 on charges of war crimes committed during the Gaza war. Israel rejects the court's jurisdiction and denies committing war crimes.
In an interview with The New York Times broadcast on Saturday, Mamdani described Netanyahu as a “war criminal,” adding that the city’s legal department is seriously considering whether the law would allow for Netanyahu’s arrest if he visits New York for the United Nations General Assembly in September.
Mamdani, a member of the Democratic Party, made similar remarks during his mayoral campaign ahead of the November 4, 2025 elections. In a video posted on social media Tuesday evening, Mamdani said he did not have such authority.
Mamdani added: “It is clear that we do not have the independent legal authority to implement this memorandum.”
Neither Mamdani's office nor the Israeli embassy in Washington has yet responded to requests for comment.
What does the law say?
International law experts said there are multiple reasons preventing Mamdani from arresting Netanyahu.
Alex Whiting, a professor at Harvard Law School, former prosecutor at the International Criminal Court, and former Justice Department official, said there is no mechanism under U.S. law to enforce arrest warrants issued by the court since the United States is not a member.
In addition, Whiting said that a 2002 U.S. law known as the “American Service Personnel Protection Act” explicitly prohibits the United States from surrendering any person, regardless of nationality, to the International Criminal Court.
Rebecca Ingber, a professor at Cardozo Law School and a former State Department lawyer, said that sitting heads of government like Netanyahu generally enjoy immunity from arrest and prosecution in U.S. courts. She added that representatives of UN member states also enjoy such immunity while traveling to and from UN meetings.
Can the federal government arrest Netanyahu?
In the video he released, Mamdani called on the federal government to execute the arrest warrant.
Whiting said the United States must first join the International Criminal Court and repeal the American Service Personnel Protection Act before the federal government can arrest Netanyahu.
Whiting added that even in this case, the agreement between the United Nations and the United States that grants immunity to the organization's representatives would remain an obstacle.
Republican President Donald Trump said in a social media post on Monday that Netanyahu would not be arrested while in the United States.
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