New York City Mayor Zohran Mamdani acknowledged Tuesday that he cannot have Israeli Prime Minister Benjamin Netanyahu arrested, reversing a campaign pledge from his 2025 mayoral run. In a video posted to X, Mamdani stated that while he agrees with the International Criminal Court's assessment that Netanyahu should be arrested and tried for war crimes, New York City lacks the legal authority to enforce an ICC arrest warrant independently.
"As I've said, I agree with the ICC that Benjamin Netanyahu should be arrested and tried for his crimes, as I do for anyone else charged by the ICC," Mamdani said in the video. "My administration has reviewed every avenue available under applicable law to determine whether New York City could execute the International Criminal Court's arrest warrant if Benjamin Netanyahu came here. It is clear that we do not have the independent legal authority to enforce this warrant."
Mamdani called on the federal government to step in instead, saying Washington has jurisdiction that city officials do not. "The federal government, however, does, and I call on them to join the ICC and execute this warrant," he said.
What the Left Is Saying
Progressive supporters of Mamdani's position argue that international humanitarian law must apply equally to all world leaders regardless of their status or alliances. Democratic lawmakers and activists who back ICC enforcement say the November 2024 arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant represent legitimate legal proceedings over alleged war crimes in Gaza.
"I believe that Prime Minister Netanyahu belongs in The Hague," Mamdani told The New York Times. "He's a war criminal who has been charged by the International Criminal Court."
Advocacy groups supporting ICC enforcement have pointed to the gravity of the allegations as justification for accountability measures, arguing that U.S. officials should not be exempt from cooperating with international legal processes when war crimes are at stake.
What the Right Is Saying
Netanyahu's office dismissed Mamdani's comments in a statement calling the ICC a "kangaroo court" with no jurisdiction over Americans or Israelis. The prime minister's office said the court lacks legitimacy and accused its chief prosecutor of criminal behavior.
"Instead of backing Khan's criminal behaviour, Mr. Mamdani should focus on fixing the damage his policies have caused New York," Netanyahu's office said in a statement reported by Fox News Digital.
Republican critics have argued that Mamdani should prioritize addressing crime, housing costs, and quality-of-life issues in New York City rather than pursuing what they characterize as anti-Israel rhetoric. Some conservative commentators have called his positions on the ICC warrant "deranged" and said they undermine the U.S.-Israel alliance at a time of regional tension.
What the Numbers Show
The International Criminal Court issued arrest warrants for both Netanyahu and Gallant in November 2024, alleging war crimes and crimes against humanity tied to Israel's military campaign in Gaza. The ICC's pre-trial chamber found sufficient grounds to proceed with charges, though enforcement depends entirely on cooperation from member states.
New York City mayors do not have independent legal authority to create arrest warrants based on ICC decisions or to enforce international court orders without federal action. U.S. law further complicates enforcement because the United States is not a party to the Rome Statute that established the ICC.
Netanyahu is expected to travel to New York in September 2026 for the United Nations General Assembly, which would place him on American soil where legal questions about his presence could arise directly.
The Bottom Line
Mamdani's acknowledgment marks a practical retreat from his campaign rhetoric while maintaining his substantive position that Netanyahu should face ICC justice. The mayor stopped short of welcoming the Israeli leader to New York, saying "Benjamin Netanyahu is not welcome in New York City, nor is any other war criminal at large."
Whether the Trump administration will engage with Mamdani's call for federal enforcement remains an open question. The United States has historically opposed ICC jurisdiction over Americans and has maintained strong support for Israel. Any federal response to the warrant would likely require significant legal analysis and could have diplomatic ramifications ahead of Netanyahu's planned UN visit.