Can Mamdani Arrest Netanyahu in New York? (In 2 minutes)
The ICC has a warrant for Netanyahu. New York's mayor wants to arrest him. Here's why it's complicated.
New York Mayor Zohran Mamdani has been repeatedly saying he will order the arrest of Israeli Prime Minister Benjamin Netanyahu when he comes to New York.
Netanyahu travels to New York every September to address the United Nations General Assembly (check out his 2025 intervention here, where many diplomats left the room in protest).
Yet, the International Criminal Court (ICC) issued an arrest warrant for him in 2024.
The ICC is a permanent international tribunal based in The Hague, created by the Rome Statute, a treaty with 125 state parties (i.e., countries that have agreed to be bound by its terms).
It prosecutes individuals accused of the gravest international crimes, including war crimes, crimes against humanity, and genocide.
An arrest warrant from the ICC means that any state party to the Rome Statute is legally obligated to detain and transfer the named individual to The Hague if that person enters its territory (see Rome Statute, Article 89(1)).
But could Mayor Mamdani actually have him arrested?
… Honestly, probably not.
The U.S. is not a state party to the Rome Statute (Bill Clinton signed it on 31 Dec 2000 to show the U.S. wanted to join, but the country never completed the official approval process to make it legally binding).
U.S. officials aren’t legally required to enforce ICC arrest warrants; cooperation would be a political choice, not a legal duty.
But even if Mayor Mamdani wanted to arrest Netanyahu, U.S. federal authorities would probably step in to prevent it.
They’d say (and I’m no expert in U.S. law) that foreign relations and international law are federal responsibilities (see e.g., U.S. Constitution Article I Section 8 and Article II Sections 2 & 3).
So, any ICC-related arrest would need federal law enforcement and government approval, not a city or state official.
Mamdani knows this. He said “it is clear we do not have the legal authority to execute this warrant”, and is urging the federal government to act.
In other words, he’ll need to convince Trump.
The thing is, the Trump administration literally launched a campaign to dismantle the ICC just the other day, calling it a threat to U.S. sovereignty.
The U.S. also adopted the Hague Invasion Act back in 2001: a law saying the U.S. will invade The Hague if Americans, or those working on behalf of Israel, are arrested, detained, prosecuted or jailed by or on behalf of the ICC (see section 15(3)).
So let’s just say… it will be a serious uphill battle for Mamdani to convince the federal government to arrest Netanyahu.
So what now?
ICC arrest warrants don’t expire. It follows the person everywhere, forever.
Netanyahu cannot travel to any of the 125 Rome Statute countries without risking arrest, and several have already confirmed they would act.
And we could definitely use more world leaders with Mayor Mamdani’s courage and commitment to uphold international law!
Other SAIL posts you might enjoy:
How the International Criminal Court Ended Up in Its Chaos Era (Explained in 2 minutes)
A 3-Minute Update on the International Criminal Court’s Chaos Era
The U.S. Goes to Court To Defend Israel Against Genocide Charges (in 2 minutes)
I’m no expert in other countries jurisdiction laws, so I’m wondering if other nations require similar federal action to arrest. Where could the ICC have actual power?
Would nations who openly wish to end Netanyahu’s regime be able to arrest him. If so, I can still see it being very difficult to actually do this because of two things.
He may wish to never visit these places in the first place. After some quick research, I found that some of the nations with the highest disapproval of Israel and their actions include Pakistan, Bangladesh, and Turkey, among others. There are numerous reasons why Netanyahu may not wish to enter these countries. Or his security is capable of protecting him from any threat these other nations pose.
A question I keep asking myself is: In 20, 40, 50, 100 years from now, when we the people, all hope that we’ve gone through some metamorphic personal change, will the politicians who replace those in power today still be reporting the same rhetoric we hear everyday, and that my parents say they’ve been hearing their whole lives?
Were the Israeli’s “allowed” to arrest Adolph Eichmann in South America? I’m sure a majority of persons were pleased with that case of lawbreaking.
Habits are better than laws.