Mamdani Explores Legal Path to Arrest Netanyahu Ahead of His September UN Visit
Maryam Tariq
New York City Mayor Zohran Mamdani has said his administration is in active conversation with the city’s Law Department to determine whether he has any legal authority to arrest Israeli Prime Minister Benjamin Netanyahu when he arrives in the city for the UN General Assembly this September. The comments, made during an interview with The New York Times published July 18, have reignited a legal and diplomatic dispute Mamdani first raised during his mayoral campaign.
What Mamdani Actually Said
Speaking to the Times, Mamdani said he believes Netanyahu belongs in The Hague, describing him as a war criminal charged by the International Criminal Court. I believe that Prime Minister Netanyahu belongs in The Hague, Mamdani said. He’s a war criminal who has been charged by the International Criminal Court. He added that this view is shared by many people, given the consequences of the war in Gaza. Mamdani was careful to frame his position within legal limits, saying whatever the law allows me to do in New York City, that’s what we will do, but we won’t be writing our own laws to that end. He acknowledged he is not certain whether the mayor’s office actually holds the authority to direct the NYPD to detain a foreign head of government.
The ICC Warrant Behind the Dispute
The International Criminal Court issued an arrest warrant for Netanyahu in November 2024, accusing him of war crimes and crimes against humanity connected to Israel’s military campaign in Gaza following the October 7, 2023 attack by Hamas. That warrant was unsealed in May 2026. Netanyahu and the Israeli government have rejected the allegations and dispute the court’s jurisdiction entirely, since Israel is not a member state of the Rome Statute, the treaty that established the ICC.
Why Legal Experts Say an Arrest Is Unlikely
Multiple layers of law stand between Mamdani’s stated intention and an actual arrest. The United States has never joined the ICC and does not recognize its jurisdiction, and federal law explicitly prohibits local governments and police departments from enforcing ICC warrants. Sitting heads of government also generally carry immunity from arrest while traveling abroad on official state business, a protection reinforced specifically for UN visits under the 1947 UN Headquarters Agreement, which legally obligates the United States to guarantee safe passage for foreign dignitaries attending UN functions in New York, regardless of local city policy. New York Governor Kathy Hochul has previously stated publicly that Mamdani lacks the authority to order such an arrest. Legal scholars have also pointed to the doctrine of federal supremacy in foreign affairs, meaning immigration and diplomatic determinations rest with Washington, not individual cities, a principle that has been used in past cases to block state and local actions that conflict with US diplomatic commitments.
How Netanyahu and Israeli Officials Responded
Netanyahu dismissed the threat directly in an interview on a New York radio station, accusing Mamdani of secretly supporting Hamas and saying he believes the mayor secretly hates America. Netanyahu has confirmed he still intends to attend the General Assembly in September regardless. Israel’s Ambassador to the UN, Danny Danon, criticized Mamdani for what he called inciting hostility and performing political theater while ignoring local issues, specifically citing rising antisemitism in New York City as something Danon argued the mayor should be focused on instead. US Ambassador to Israel Mike Waltz separately called the proposal pure political theater, confirming that Netanyahu remains legally shielded from local enforcement regardless of Mamdani’s stated intentions.
The Political Backdrop
Mamdani, a Democratic Socialist who took office in January 2026 as the city’s first Muslim mayor, made his opposition to Israel’s military campaign in Gaza a defining feature of both his campaign and early mayoralty. He had previously pledged during his campaign to direct the NYPD to enforce ICC arrest warrants against any wanted leader who enters city limits, naming both Netanyahu and Russian President Vladimir Putin specifically. His latest comments extend that same pledge into a concrete test, one that will play out publicly if Netanyahu follows through on his stated plan to attend the General Assembly in September.
Sources:
· Mamdani Says He May Still Order Netanyahu’s Arrest — The New York Times: https://www.nytimes.com (July 19, 2026 interview transcript referenced via search)
· New York’s Mamdani says looking into Netanyahu arrest during city visit — Al Jazeera: https://www.aljazeera.com/news/2026/7/18/new-yorks-mamdani-says-looking-into-netanyahu-arrest-during-city-visit
· Mamdani says exploring possible Netanyahu arrest during UN General Assembly visit — i24NEWS: https://www.i24news.tv/en/news/international/americas/artc-mamdani-says-exploring-possible-netanyahu-arrest-during-un-general-assembly-visit · NYC Mayor Zohran Mamdani considers Netanyahu arrest ahead of UN General Assembly visit — The Jerusalem Post: https://www.jpost.com/international/article-902872
