New York City Mayor Zohran Mamdani said Tuesday that his administration has determined it lacks the independent legal authority to arrest Israeli Prime Minister Benjamin Netanyahu under an International Criminal Court warrant, while continuing to call Netanyahu a "war criminal" and urging the federal government to carry out the arrest itself.

What Mamdani Said

In a video posted on X, Mamdani said, "As I've said, I agree with the ICC that Benjamin Netanyahu should be arrested and tried for his crimes, as I do for anyone else charged by the ICC." He explained that his administration had "reviewed every avenue available under applicable law to determine whether New York City could execute the International Criminal Court's arrest warrant if Benjamin Netanyahu came here," concluding, "It is clear that we do not have the independent legal authority to enforce this warrant. The federal government, however, does, and I call on them to join the ICC and execute this warrant." Mamdani added, "I want to be equally clear: Benjamin Netanyahu is not welcome in New York City, nor is any other war criminal at large."

A Campaign Promise Meets Legal Reality

During his mayoral campaign, Mamdani had warned he would order police to arrest Netanyahu if he set foot in the city, framing it as enforcement of the ICC warrant. Tuesday's statement represents a walk-back of that specific pledge in practice, even as Mamdani maintains his underlying position that Netanyahu should face prosecution. In an interview published days earlier, Mamdani said, "I believe that Prime Minister Netanyahu belongs in The Hague," calling him "a war criminal who has been charged by the International Criminal Court," and adding that this view is shared by many "purely because of what his actions have wrought over these past many years."

Escalating Rhetoric This Week

In a subsequent post on X, Mamdani doubled down further, writing that Netanyahu "is responsible for the killing of more than 73,000 people" and reiterating, "I agree with the ICC... [Netanyahu] should be arrested and tried for war crimes."

The Underlying ICC Warrant

The International Criminal Court issued a warrant for Netanyahu's arrest in 2024 over alleged war crimes and crimes against humanity involving Palestinians, including allegations of "starvation as a method of warfare." The United States is not a member of the ICC and does not recognize the court's jurisdiction over Israeli or American nationals, meaning enforcement of the warrant on U.S. soil would require a unilateral policy decision by the federal government rather than any existing legal obligation.

Trump's Response

President Trump said Monday that "Benjamin Netanyahu will not be arrested, in any way, shape, or form, while in the United States of America," writing on Truth Social that Netanyahu "is fighting against the Islamic Republic of Iran, which recently killed 52,000 innocent protestors, and has spent the last 47 years killing American Soldiers, and others." Trump added that "the only ones that should be arrested are the people that led Iran into this unprecedented SPIRAL OF DEATH AND DESTRUCTION."

Netanyahu's Office Fires Back

Netanyahu's office issued a sharp statement on X, calling the ICC "a kangaroo court that has no jurisdiction over Americans or Israelis," and describing the arrest warrant as "bogus," noting it "was issued by a disgraced former ICC Prosecutor, Karim Khan, a few days before allegations of sexual misconduct against him became public." The statement added, "Instead of backing Khan's criminal behaviour, Mr. Mamdani should focus on fixing the damage his policies have caused New York."

Why This Is Coming Up Now

The dispute has taken on renewed significance ahead of Netanyahu's planned visit to New York for the United Nations General Assembly this September, when Mamdani would, in theory, face the question of how to respond to Netanyahu's presence in the city as a matter of policy rather than campaign rhetoric. With Mamdani now publicly acknowledging the city lacks independent authority to act, and Trump explicitly ruling out federal enforcement, the practical prospect of an arrest appears effectively closed off — even as the underlying rhetorical dispute over how to characterize Netanyahu's conduct in Gaza continues.

What's Next

With Trump firmly opposed to any federal action against Netanyahu and Mamdani conceding New York City cannot act unilaterally, the practical standoff appears largely resolved in Netanyahu's favor for his planned September visit. The underlying political and rhetorical dispute — over how U.S. officials should characterize the conduct of Israel's prime minister amid the war in Gaza — remains a live and contested issue, with Trump, Netanyahu's office, and Mamdani continuing to trade sharply differing characterizations of the conflict and the ICC's legitimacy.