Can Mamdani Arrest Netanyahu in New York? (In 2 minutes)

Zohran Mamdani has been elected Mayor of New York City.

During his campaign, he made headlines (e.g., here, here and here) by declaring that he would order the arrest of Israeli Prime Minister Benjamin Netanyahu if the latter were ever to set foot in New York.

This statement carries political weight, as the International Criminal Court (ICC) issued an arrest warrant for Netanyahu 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)).

Netanyahu travels to New York every year to address the United Nations General Assembly (check out his last intervention here, where many diplomats left the room in protest), so the scenario isn’t far-fetched.

But could Mayor Mamdani actually have him arrested?

… 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, on at least two grounds. 

First, 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.

They’d probably also bring up the Hague Invasion Act, which ensures that ‘‘covered allied persons’’ (including working on behalf of Israel – see section 15(3)) are prohibited from arrest, detention, prosecution, or imprisonment by or on behalf of the ICC (yes, this is real!). 

Still, we could use more world leaders with Mayor Mamdani’s courage and commitment to uphold international law!

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