Mayor’s Admission on Arrest Authority

New York City Mayor Zoran Mamdani posted a video on social media on Tuesday, acknowledging that he lacks the power to arrest Israeli Prime Minister Benjamin Netanyahu—a commitment he made to far-left supporters during his campaign.

During his run for mayor, Mamdani had suggested that he would instruct the New York City Police Department (NYPD) to detain Netanyahu if he traveled to New York. However, legal experts pointed out that he didn’t have the authority to make such an order. Recently, Mamdani had been consulting with city lawyers to explore legal options for arresting Netanyahu, but on Tuesday, he recognized the limitations of his position.

In the video, Mamdani explained, “My administration has looked into all possible laws to see if New York City could act on the International Criminal Court’s arrest warrant if Netanyahu were to come here. It’s clear that there is no legal authority to execute this warrant.” He described Netanyahu as a “war criminal” and alleged that he is the “mastermind of horrific genocide against the Palestinian people.” Notably, Mamdani did not address Hamas’ acts of violence against Israeli civilians on October 7, 2023, instead criticizing Netanyahu for harsh actions that contributed to the ongoing conflict.

Mamdani detailed alarming claims against Netanyahu, asserting that he has “murdered more than 73,000 people” and “gravely injured tens of thousands of children.” Yet, again, there was no mention of Hamas’ brutality or its strategy of using civilian areas for military purposes.

“The International Criminal Court issued a warrant for his arrest for a reason,” Mamdani stated. “As a society, we’ve built a common understanding that some crimes are so severe they affect all of humanity. We must recognize the devastation he has caused and the need for accountability.”

After admitting that his initial promise regarding Netanyahu’s arrest was unfeasible, he called on the U.S. federal government to “join the ICC and implement this warrant.” He also expressed that, irrespective of his inability to arrest Netanyahu, the prime minister is “not welcome in New York City, nor are other war criminals,” which could have significant implications for the United Nations headquarters located there.

Interestingly, the United States is not a signatory to the ICC statutes and neither is Israel, although Israel was involved in discussions leading to the formation of the Rome Statute. The same applies to the Palestinians, as only recognized nation-states can engage in treaties, which complicates the situation given that there is no established “Palestinian state.”

The Palestinians attempted to involve the ICC in their situation by citing their status as a “non-member observer state” at the UN and alleging that Israel’s actions warranted ICC intervention. However, the court largely dismissed these arguments but decided to pursue cases against both Israel and Hamas. In November 2024, arrest warrants were issued for Netanyahu and the then-Defense Minister Yoav Gallant for “war crimes of starvation as a tactic of warfare” and “crimes against humanity.” Meanwhile, the ICC’s chief prosecutor, Karim Khan, sought arrest warrants for Hamas leaders but later withdrew these accusations following their deaths during the Gaza conflict.

The ICC also has not pursued charges against Hamas for their mass killings of Palestinian civilians, although residents have filed formal indictments against the group. Investigations into these accusations are set to be submitted to the ICC in May.

Khan faced controversies as he was investigated for sexual harassment, leading to his removal from the ICC in June. The final decision regarding his situation is pending a vote among member states. Last August, Khan claimed the charges against himself and Gallant were fabricated to distract from more serious allegations.

In a related political development, Democratic Rep. Ilhan Omar introduced a resolution advocating for U.S. membership in the ICC and its jurisdiction. Meanwhile, the Trump administration had announced sanctions against ICC officials accused of misusing their positions for political prosecution.

Marco Rubio, the Secretary of State, affirmed the U.S.’s consistent opposition to the politicization of the ICC and labeled it an affront to national sovereignty. He emphasized that the court had become an instrument against Israel, a critical ally of the United States.

Several countries, including Russia and China, have also not signed the Rome Statute, rejecting the ICC’s authority, especially after warrants were issued for leaders such as Vladimir Putin for crimes in Ukraine.

Mamdani went so far as to claim he would attempt to arrest Putin if the Russian leader visited New York. While plans for a BRICS summit forced South Africa, a signatory to the Rome Statute, to navigate a diplomatic crisis to avoid Putin’s arrest, he ultimately opted out of attending.

In September 2024, despite Mongolia being an ICC member, Putin was welcomed there, even though Ukraine urged Mongolia to honor its treaty obligations. This refusal raised questions about international compliance with ICC mandates.

Israeli Ambassador to the UN, Danny Danon, criticized Mamdani’s threats against Netanyahu as inappropriate. He stated, “Zoran Mamdani, enough is enough. Enough of the slander. You were elected to serve New Yorkers, not to promote Hamas propaganda. Please do your job!”