NYC Mayor Mamdani Admits He Cannot Arrest Netanyahu and Calls on Washington to Act

A Campaign Promise Hits a Legal Wall

During his mayoral campaign last year, New York Mayor Zohran Mamdani promised that, if elected, he would arrest Israeli Prime Minister Benjamin Netanyahu on a warrant from the International Criminal Court when Netanyahu arrived for the U.N. General Assembly. It was a bold pledge that energized his base and made headlines around the world. Now, that promise has run into a hard legal reality.

A legal review Mamdani ordered found he does not have the authority to arrest Israeli Prime Minister Benjamin Netanyahu when he visits the city, putting to rest a question that has repeatedly surfaced since he first vowed to take custody in light of an International Criminal Court order for Netanyahu's arrest. The announcement, made on Tuesday, July 22, marked a significant reversal — though Mamdani was careful not to frame it as a retreat from his values.

What Mamdani Said — and What He's Calling For

In a two-minute address posted on his official social media accounts, Mamdani opened by declaring "Benjamin Netanyahu is a war criminal, the architect of a horrific genocide against the Palestinian people," but acknowledged the legal limits that prevent him from following through on his pledge, which had become a rallying cry for his pro-Palestinian supporters.

Mamdani said his administration had reviewed every avenue available under applicable law to determine whether New York City could execute the ICC's arrest warrant, and concluded that the city does not have the independent legal authority to enforce the warrant — but argued the federal government does, calling on Washington to join the ICC and execute it. That call, however, is falling on deaf ears at the White House.

On Monday, President Trump weighed in on his social media platform Truth Social, writing: "Benjamin Netanyahu will not be arrested, in any way, shape, or form, while in the United States of America." During Trump's second term, his administration has escalated its long-running battle against the ICC, with Secretary of State Marco Rubio recently promising to "dismantle" the court.

The Legal Reality Behind the Rhetoric

Legal experts have noted that it would be "utterly ridiculous" for the mayor of New York City to suggest he might have the authority to order the arrest of a visiting foreign head of state, pointing out that the U.S. has not ratified the Rome Statute — which obliges member countries to arrest people with ICC warrants — and that the conduct of foreign diplomacy and foreign affairs is entirely up to the federal government.

Mamdani was repeatedly asked why he did not resolve the legal question before taking office, given that experts had challenged the legality of his arrest pledge during the campaign. Pressed over whether the now-abandoned arrest threat amounted to "political theater," Mamdani said his administration had reviewed the applicable laws and concluded that only the federal government could execute the ICC warrant.

The Hague-based ICC has had outstanding warrants of arrest for Netanyahu and Israel's former defense minister over alleged crimes against humanity and war crimes, which they deny, related to the conflict in the Gaza Strip. The ICC said there was reason to believe Netanyahu and former Defense Minister Yoav Gallant have used "starvation as a method of warfare" by restricting humanitarian aid and have intentionally targeted civilians in Israel's campaign against Hamas.

What Comes Next

Mamdani said Palestinian New Yorkers disappointed that he cannot fulfill his arrest promise had reason to be frustrated, declaring that Netanyahu would no longer be welcomed by City Hall. The symbolic gesture may offer little comfort to those who took his campaign pledge at face value, but it signals that Mamdani intends to keep the issue front and center politically.

With the U.N. General Assembly typically drawing world leaders to New York each fall, the question of Netanyahu's potential visit — and what, if anything, American authorities would do — is unlikely to fade. Mamdani's admission clarifies the legal limits of local power, but his very public pressure campaign on Washington ensures the debate over ICC accountability will remain a flashpoint in American politics for months to come.