Why Can't Zahran Mamdani Arrest Netanyahu in New York?

SadaNews - This week, Zahran Mamdani, the mayor of New York City, stated that he lacks the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu on charges of war crimes if he visits the largest city in the United States, following Mamdani's earlier mention that he was considering this step.

Mamdani did not provide details on how he reached this conclusion. Independent legal experts told Reuters that Mamdani lacks the authority to arrest Netanyahu because the United States generally recognizes immunity for state leaders and United Nations representatives, and because Washington is not a member of the International Criminal Court.

Here’s a look at the legal issues:

* Why Does Mamdani Want to Arrest Netanyahu?

The International Criminal Court in The Hague issued an arrest warrant for Netanyahu in 2024 on charges of war crimes during the Gaza War. Israel rejects the court's jurisdiction and denies committing war crimes.

Mamdani described Netanyahu in an interview with The New York Times aired on Saturday as a "war criminal," adding that the city’s legal department is seriously considering whether the law would allow for Netanyahu's arrest if he visits New York for the United Nations General Assembly in September.

Mamdani, a member of the Democratic Party, made similar statements during his campaign for the mayoral office ahead of the election set for November 4, 2025. In a video posted on social media Tuesday evening, he stated that he does not possess such authority.

Mamdani added, "It is clear that we do not have the independent legal authority to execute this warrant."

Neither Mamdani's office nor the Israeli embassy in Washington has yet responded to requests for comment.

* What Does the Law Say?

Experts in international law have pointed out multiple reasons preventing Mamdani from arresting Netanyahu.

Alex Whiting, a professor at Harvard Law School, former prosecutor at the International Criminal Court, and a former official at the Department of Justice, stated that there is no mechanism under U.S. law to execute arrest warrants issued by the court since the United States is not a member.

Additionally, Whiting noted that a U.S. law passed in 2002 known as the "American Service Members’ Protection Act" explicitly prohibits the United States from surrendering anyone, regardless of nationality, to the International Criminal Court.

Rebecca Ingber, a professor at Cardozo School of Law and former attorney at the U.S. State Department, stated that heads of government who are still in office, like Netanyahu, generally enjoy immunity from arrest and prosecution in U.S. courts. She added that representatives of UN member states enjoy such immunity while traveling to and from meetings of the organization.

* Can the Federal Government Arrest Netanyahu?

Mamdani, in the video he posted, called on the federal government to execute the arrest warrant.

Whiting noted that the United States would first have to join the International Criminal Court and repeal the American Service Members’ Protection Act for the federal government to arrest Netanyahu. He added that even in that case, the agreement made between the United Nations and the United States that grants immunity to representatives of the organization would remain an obstacle.

Former Republican President Donald Trump posted on social media Monday that Netanyahu will not be arrested while in the United States.