Mamdani says he doesn't have authority to arrest Netanyahu, but US government does

Mamdani says he doesn't have authority to arrest Netanyahu, but US government does

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Rayhan Uddin
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Wed, 07/22/2026 - 10:10

New York City mayor said he reviewed every avenue available to carry out ICC warrant against 'architect of a horrific genocide'

New York City Mayor Zohran Mamdani speaks about Israeli Prime Minister Benjamin Netanyahu in video released on 21 July 2026 (NYC Mayor's Office via YouTube/Handout via Reuters)

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New York City Mayor Zohran Mamdani has said that he does not have the authority to arrest Benjamin Netanyahu, but urged the US government to do so if the Israeli prime minister visits the country. 

The mayor made the remarks in a social media video on Tuesday, hours after US President Donald Trump said Netanyahu "will not be arrested, in any way, shape, or form, while in the United States of America".

"Benjamin Netanyahu is a war criminal, the architect of a horrific genocide against the Palestinian people," Mamdani said in the two-minute clip that has since garnered more than 30m views.

He went on to cite several examples of Israel targeting Palestinians, including the number of amputees in Gaza and a UN report which stated that Israeli soldiers had "deliberately" targeted and killed children. 

"He is responsible for the killing of more than 73,000 people, for the maiming of tens of thousands of children," Mamdani said, before adding that the Israeli premier, who has attacked six countries since 2023, was responsible for the killing of aid workers and journalists. 

Mamdani said he believed the International Criminal Court (ICC) arrest warrant against Netanyahu was justified, but admitted he lacked the legal authority to enforce it.

"My administration has 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.

"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.

Benjamin Netanyahu is a war criminal. pic.twitter.com/YRezmW6YVx

— Mayor Zohran Kwame Mamdani (@NYCMayor) July 22, 2026

Mamdani recently told The New York Times that he was in an "active conversation" with New York's law department about the matter, as it was unclear whether he had the authority to order the New York City Police Department (NYPD) to detain a foreign leader.

Netanyahu is expected to travel to New York in September for the United Nations General Assembly. 

Netanyahu and his former defence minister, Yoav Gallant, were issued arrest warrants in November 2024 on charges of war crimes and crimes against humanity, allegedly committed in Gaza since October 2023. 

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It was the first instance in the court's 24-year history in which it issued arrest warrants for western-allied senior officials.

Since then, the ICC has faced a campaign of criticism, threats and punitive measures by Israel's ally, the United States. 

All 125 state parties to the Rome Statute, including all EU members, are under a legal obligation to arrest Netanyahu and Gallant and surrender them to the court.

However, the court has no enforcement powers, and a trial cannot commence in absentia. 

The US and Israel are not signatories to the Rome Statute. 

Mamdani urged to take alternative action

Pro-Palestine commentators have called on Mamdani to take other tangible steps within his office against complicity in Israeli crimes. 

Writer and activist Mohammed el-Kurd said: "If Mamdani wants to take tangible action within the bounds of his office, he could easily urge Attorney General and other relevant authorities to go after New York-registered tax-exempt organizations that funnel tens of millions of US dollars into Israeli settler expansion and violence every year".

Activist Nerdeen Kiswani said Mamdani must show that Netanyahu is truly not welcome in the city. 

"Don't roll out the red carpet for a wanted war criminal. Don’t use the NYPD to insulate him from public outrage. Don’t suppress the New Yorkers who take to the streets demanding accountability," she wrote on X. 

"If Netanyahu is truly not welcome in New York City, that principle should be reflected in how the city treats his visit, not just in rhetoric."

Israel's genocide in Gaza

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