Mamdani calls Netanyahu is ‘a criminal’ but acknowledges he can’t arrest him

After campaigning on a promise to arrest Israeli Prime Minister Benjamin Netanyahu, New York City Mayor Zohran Mamdani admitted that he lacks the legal authority to do so.

On Tuesday, Mamdani urged the US government to arrest the leader who he called a “war criminal” and the architect of a genocide against the Palestinian people, if he arrives in the country.

Mamdani said in a video posted on social media Tuesday evening, “ 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.”

This comes after Mamdani told the New York Times that he was in vigorous discussion with New York’s legal department to assess whether he has the legal authority to order city police to arrest foreign leaders like Netanyahu.

On Monday Trump said on his Truth Social: “ Benjamin Netanyahu will not be arrested in any way or form while in the United States of America. He is fighting against the Islamic Republic of Iran which recently killed 52,000 innocent protesters and has spent the last 47 years as American soldiers.”

Legal experts have questioned Mamdani’s legal standing and Netanyahu’s arrest in New York. If an arrest were attempted, local officials could face immediate legal proceedings. 

Some experts have cited the federal American Servicemembers Protection Act of 2022 which prohibits county-level enforcement agencies from cooperating with the ICC process.

In this connection, New York State Assembly member Simcha Eichenstein called on New York Attorney General Letitia James to investigate whether Mamdani had flouted local rules by threatening to arrest the Israeli leader.

The International Criminal Court issued a bench warrant for Netanyahu in November 2024, accusing him accountable for the war crimes including using starvation as a conventional war and of internationally directing attacks against the civilian population in Gaza.

In response, Netanyahu has also slammed the New York City mayor’s overtures. The Prime Minister's office also stated that Mamdani should focus on fixing the damage his policies have caused New York.