New York City Mayor Zohran Mamdani, who once vowed to order police to arrest Benjamin Netanyahu on sight, has conceded he lacks the legal authority to do so. In a social media video posted on Tuesday, Mamdani said his team had reviewed “every avenue available” under the law and concluded that “we do not have the independent legal authority to enforce this”.
The mayor had previously pledged to enforce the International Criminal Court’s arrest warrant for the Israeli Prime Minister over alleged war crimes. Speaking to the New York Times as a candidate, Mamdani said: “This is something that I intend to fulfill.” But now, he says the federal government holds the power to act.
“NYC Mayor Mamdani admits no legal authority to arrest Netanyahu, urges US to act on ICC warrant.”
“The federal government, however, does,” Mamdani stated. “And I call on them to join the ICC and execute this warrant.” The US is not a member of the ICC, meaning Netanyahu could not be arrested on American soil under the court’s framework. President Donald Trump has already made his position clear: “He is fighting against the Islamic Republic of Iran, which recently killed 52,000 innocent protestors [sic], and has spent the last 47 years killing American Soldiers, and others,” Trump said in a Truth Social post on Monday. “He will not be arrested, in any way, shape or form.”
Mamdani’s retreat follows an interview with the New York Times on Saturday in which he said he was having “an active conversation” with law enforcement about enforcing the ICC warrant. The ICC issued the warrant for Netanyahu in 2024 over alleged war crimes in Gaza, alongside a warrant for a Hamas commander. The court has authority to prosecute genocide, crimes against humanity and war crimes on the territory of states that have signed the Rome Statute.
During his mayoral campaign, Mamdani repeatedly called Netanyahu a war criminal and the war in Gaza a genocide. He now says Netanyahu is “not welcome” in New York City, where the Israeli leader is expected to travel in September for the UN General Assembly. Danny Danon, the Israeli ambassador to the UN, responded sharply to Mamdani’s earlier comments: “You were elected to serve New Yorkers, not Hamas’ propaganda.”
The mayor’s shift comes as Democratic voters’ support for Israel appears to be changing. A recent poll suggested 58% of Democrats believe the US is too supportive of Israel, up from 45% in 2024.