New York — New York City Mayor Zohran Mamdani said his administration is actively reviewing whether New York police could arrest Israeli Prime Minister Benjamin Netanyahu if the Israeli leader visits the city for the United Nations General Assembly in September, reviving a campaign pledge that has drawn sharp criticism and raised questions about its legality under U.S. federal law.
Mamdani, who has repeatedly called Netanyahu a “war criminal” and accused Israel of genocide in Gaza allegations Israel strongly denies told The New York Times’ “The Interview” podcast that his legal department is examining options tied to an International Criminal Court arrest warrant issued against Netanyahu in 2024.
“I believe that Prime Minister Netanyahu belongs in The Hague,” Mamdani said. He added that his office would act “whatever the law allows” but would not “write our own laws.” In follow-up comments, he reiterated support for honoring the ICC warrant for alleged war crimes and crimes against humanity.
The United States is not a party to the ICC and does not recognize its jurisdiction over non-member states or their officials. Netanyahu has traveled internationally since the warrant was issued without arrest in non-ICC states, and experts say any attempt by a U.S. city to enforce it would conflict with federal law and diplomatic protections.
Federal Law Implications
Legal observers point to multiple federal statutes that would likely block or criminalize such an action. Under 18 U.S.C. § 112, which protects foreign officials and internationally protected persons, willfully threatening, intimidating, or harassing a foreign leader can result in up to six months in federal prison. If an arrest were attempted involving imprisonment or violence penalties could rise to three years, or up to 10 years in aggravated cases involving weapons or injury.
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The 2002 American Servicemembers’ Protection Act (ASPA) further prohibits state and local governments from cooperating with the ICC, including assisting in arrests or detentions pursuant to its requests. Netanyahu, as a head of government on an official UN visit, would also enjoy diplomatic and head-of-state immunity.
U.S. Ambassador to the UN Mike Waltz called Mamdani’s comments “pure political theater,” noting the U.S. is not an ICC member. Israeli officials have dismissed the threats and said Netanyahu plans to attend the General Assembly.
Background and Reactions
Mamdani first made the pledge during his successful 2025 mayoral campaign. He has described Israel’s military operations in Gaza as genocide and positioned New York as needing to “stand up for international law” where the federal government will not.
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Critics, including legal scholars and former officials, have called the idea impractical and unlawful. Rebecca Ingber, a Cardozo School of Law professor, noted Netanyahu’s state immunity and UN protections. Alan Dershowitz and others have described the pledge as both “ludicrous” and a potential violation of U.S. policy toward the ICC.
New York Governor Kathy Hochul previously distanced herself, stating the mayor lacks authority for such an arrest.
Mamdani’s office has not detailed specific legal theories that could overcome these barriers. Supporters view his stance as a principled stand on human rights; opponents see it as grandstanding that risks diplomatic fallout and diverts attention from city issues.
As of July 2026, no formal federal investigation into Mamdani’s statements has been publicly announced, though his comments continue to fuel debate over local officials’ role in foreign policy and international law. Netanyahu’s office has rejected the ICC warrant as politically motivated and without jurisdiction.
