New York City Mayor Zohran Mamdani has backed away from one of his most controversial campaign promises, admitting that he has no legal authority to arrest Israeli Prime Minister Benjamin Netanyahu if he visits New York.
During his campaign, Mamdani vowed to direct the New York Police Department to execute an arrest warrant issued by the International Criminal Court (ICC), a pledge that drew widespread criticism from legal scholars who argued a mayor has no power to enforce international criminal warrants.
After saying last week that his administration was exploring every possible legal option, Mamdani released a video Tuesday acknowledging that the effort had reached a dead end.
“My administration has reviewed every avenue available under applicable law,” Mamdani said. “It is clear that we do not have the independent legal authority to enforce this warrant.”
The admission marks a sharp reversal from a promise that became a rallying point for many of his progressive supporters.
Criticism of Israel, But No Mention of Hamas
Although Mamdani conceded he could not order an arrest, he doubled down on his criticism of Netanyahu, calling him a “war criminal” and accusing Israel of committing atrocities in Gaza.
His remarks focused on civilian casualties and destruction in the conflict but did not mention Hamas’ October 7, 2023 terrorist attack that launched the war or the group’s documented practice of operating from civilian areas.
Instead, Mamdani urged the federal government to recognize the ICC’s authority and execute its arrest warrant if Netanyahu enters the United States.
He also declared that Netanyahu is “not welcome in New York City,” extending the same statement to “any other war criminal at large.”
Why the Arrest Was Never Likely
The United States is not a member of the International Criminal Court and has never accepted the court’s jurisdiction over American citizens or officials. Israel is also not a party to the Rome Statute that created the ICC.
Because of that, legal experts have long argued that New York City has no independent authority to enforce ICC arrest warrants.
The issue has become even more contentious after the Trump administration imposed sanctions on ICC officials, arguing the court has exceeded its authority by pursuing politically motivated cases against the United States and Israel.
Secretary of State Marco Rubio recently called the ICC “a national security threat” and accused it of engaging in “lawfare” against America and one of its closest allies.
ICC Faces Questions of Its Own
The ICC issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant in late 2024 while also seeking warrants against several Hamas leaders.
Most of those Hamas leaders were later killed during the Gaza war, and critics have argued the court has devoted far more attention to Israeli officials than to Hamas leadership or allegations of crimes committed against Palestinian civilians by Hamas itself.
The court has also been under scrutiny after Chief Prosecutor Karim Khan stepped aside amid an investigation into sexual misconduct allegations.
Political Fallout
Israel’s ambassador to the United Nations, Danny Danon, sharply criticized Mamdani following his remarks, accusing the mayor of promoting Hamas talking points instead of focusing on governing New York City.
The episode highlights the gap between campaign rhetoric and legal reality. While Mamdani’s pledge generated headlines during the campaign, his own administration has now concluded what many legal experts argued from the beginning: New York City’s mayor simply does not have the authority to arrest a foreign head of government based on an ICC warrant.