Explainer: Why New York’s Mamdani cannot have Israel’s Netanyahu arrested

NEW YORK – New York Mayor Zohran Mamdani said this week that he had determined he lacked the legal authority to have Israeli Prime Minister Benjamin Netanyahu arrested for alleged war crimes should he visit the largest US city, after earlier saying he was considering the move.

Mamdani did not elaborate on how he had reached that determination. Independent legal experts told Reuters that Mamdani lacked authority to have Netanyahu arrested because the US generally recognises immunity for heads of state and United Nations 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 Netanyahu arrested?

The International Criminal Court, based in The Hague, issued an arrest warrant for Netanyahu in 2024 for alleged war crimes during the Gaza war. Israel rejects the court’s jurisdiction and denies committing war crimes.

In a New York Times interview broadcast on July 18, Mamdani called Netanyahu a “war criminal” and said the city’s legal department was actively considering whether the law would allow his arrest should Netanyahu visit New York for the United Nations General Assembly in September.

Mamdani, a Democrat, had made similar remarks while campaigning for mayor ahead of the Nov 4, 2025, election.

In a video posted to social media on the night of July 21, Mamdani said he had concluded he had no such authority.

“It is clear that we do not have the independent legal authority to enforce this warrant,” Mamdani said.

Neither Mamdani’s office nor Israel’s embassy in Washington immediately responded to requests for comment.

What does the law say?

Experts in international law said there were multiple reasons that Mamdani could not order Netanyahu’s arrest.

Since the United States is not a member of the ICC, there is no mechanism under US law to enforce the Hague-based court’s arrest warrants, said Alexander Whiting, a professor at Harvard Law School and a former ICC prosecutor and Justice Department official.

Additionally, a 2002 US law called the American Service-Members Protection Act specifically prohibits the US from extraditing anyone, regardless of their nationality, to the ICC, said Whiting.

Sitting heads of government like Netanyahu are also generally immune from arrest and prosecution in US courts, and representatives of UN member states have legal immunity while transiting to and from a UN meeting, said Rebecca Ingber, a professor at Cardozo Law School and former US State Department lawyer.

Can the federal government arrest Netanyahu?

In his video, Mamdani called on the federal government to execute the warrant.

In order for the federal government to arrest Netanyahu, the US would first need to join the ICC and repeal the American Service-Members Protection Act, Whiting said. Even then, the agreement between the UN and the US conferring immunity on UN representatives would still be an obstacle, Whiting said.

US President Donald Trump, a Republican, said in a social media post on July 20 that Netanyahu would not be arrested while in the United States. REUTERS