Mamdani and Netanyahu: Can it Actually Happen?

posted on: Jul 29, 2026

By: Zoshua Colah

By: Susie Hayes/Arab America Contributing Writer

What Started the Debate?

New York City mayor Zohran Mamdani made headlines after saying that if Israeli Prime Minister Benjamin Netanyahu came to New York for the United Nations General Assembly this coming September, Mamdani would move to have him arrested. The statement sparked a multitude of opinions, both of opposition and of support, and social media became the catalyst for the conversation of if and how the arrest would be feasible. 

Supporters of Mamdani’s push to arrest claim that international law should apply to everyone equally, including political leaders. Critics argue that Mamdani’s promise is unrealistic and gives him as mayor too much authority. As this debate continues, the question still stands: Can Netanyahu actually be arrested if he comes to New York?

This question cannot simply be answered with a yes or no.

To understand why, it is important to understand how the International Criminal Court operates and the authority the New York City mayor really has.

Why Did the ICC Issue Arrest Warrants for Netanyahu?

In November of 2024, the International Criminal Court (ICC) issued arrest warrants for both the Israeli Prime Minister, Netanyahu and the then Israeli Defense Minister, Yoav Gallant. The ICC found reason to believe that Netanyahu and Gallant were guilty of genocide, war crimes, crimes against humanity, and other cruel crimes during the October 7th attacks on Gaza and the conflict that followed after. The ICC does not have its own sort of police force for its agency. Rather, the court relies on its participating member countries to carry out arrests when the subject of interest has entered their country. 

The ICC has 125 members, made up of countries like Canada, Italy, France, and others. However, the United States is not one of these members. The U.S. was a signatory of the Rome Statute, which was responsible for the creation of the ICC, but never affirmed it. Because of this, the U.S. is not required to enforce any ICC warrants. This means that even if Netanyahu traveled to the U.S., there is no automatic requirement for the U.S. to act on his arrest based solely on the ICC warrant.

Can a New York City Mayor Order an Arrest?

Mamdani argues that his city should respect the ICC’s arrest warrant and cooperate with international law. However, legal experts explain that a mayor has limited authority over foreign policy and international law. Alex Whiting explains further that,”Since the United States is not a member of the ICC, there is no mechanism under U.S. law to enforce the Hague-based court’s arrest warrants”. The arrests would have to involve the federal government, including the Department of Justice, as opposed to New York City’s mayor. 

Additionally, Rebecca Ingber describes that nation leaders are usually immune from being arrested in the U.S. when traveling for UN meetings. As the host of the UN headquarters, the U.S. has a responsibility to allow state representatives to attend the official meetings of the organization.

The Complexity of Diplomatic Immunity

The way the immunity interacts with an official ICC arrest warrant is not entirely clear. Some argue that the arrest warrants should take priority while others claim that diplomatic immunity makes carrying out an arrest more difficult, especially in the United States, a non-ICC member. 

How Officials Have Responded

Israeli officials criticized Mamdani’s viral video and Netanyahu supporters quickly dismissed the possibility and feasibility of an arrest in the U.S. Some Americans have also criticized the ICC’s arrest warrant itself, claiming that the international court does not have authority over Israeli officials and should not involve itself in the conflict.

Has This Happened Before?

In 2009 and 2010, the ICC similarly issued arrest warrants for Sudan’s former President, Omar al-Bashir, accusing him comparably of war crimes, crimes against humanity, and genocide in Sudan’s Darfur. During the active warrant, Bashir kept up with international travels, even to ICC member countries. While Bashir applied for a visa to attend the 2013 UN General Assembly, he eventually canceled his trip after the ICC pressured the U.S. to arrest him if he entered the territory.  

What’s Next? 

As the UN General Assembly draws closer, it remains hazy how the public will react to Netanyahu’s presence in New York. Mamdani’s claims have already achieved a public focus on the complex relationship between international law, diplomacy, and domestic politics. 

For now, the odds of Mamdani personally giving rise to the arrest of the Israeli Prime Minister remain low. But, he successfully fueled a serious and much needed conversation around the uncertainty of ICC arrest warrants and their connection to diplomatic leaders.

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