Why New York's Zohran Mamdani Cannot Arrest Netanyahu. What The Law Says
New York Assemblymember Zohran Mamdani recently suggested he would seek the arrest of Israeli Prime Minister Benjamin Netanyahu if he visited New York City. Legal experts clarify that state-level officials lack the constitutional authority to enforce warrants issued by international bodies.
Zohran Mamdani, a candidate for New York City mayor, stated during a recent forum that he would authorize the arrest of Benjamin Netanyahu based on warrants issued by the International Criminal Court. The ICC issued these warrants in 2024, citing alleged war crimes committed during the conflict in Gaza.
However, legal analysts note that the United States is not a member of the International Criminal Court and does not recognize its jurisdiction over non-member states. Furthermore, the U.S. Constitution grants the federal government exclusive power over foreign policy and immigration matters, preventing local officials from enforcing international warrants.
Israeli officials have consistently rejected the ICC's authority and deny all allegations of war crimes. Any attempt by a city or state official to interfere with the movement of a foreign head of government would likely be struck down by federal courts as a violation of international diplomatic immunity protocols.
The International Criminal Court
