Mamdani’s Threat To Arrest Netanyahu Is Devoid of Any Basis in Law or Policy

New York City Mayor Zohran Mamdani recently said his administration is exploring legal options to arrest Israeli Prime Minister Benjamin Netanyahu during his anticipated visit to the United Nations General Assembly, calling him a “war criminal” charged by the International Criminal Court (ICC).

His comment is simply devoid of any basis in law or policy.

The claim rests on a mistaken premise: that ICC arrest warrants carry legal force in the United States. They don’t, and the reasons are settled law, not close calls.

Start with the federal government’s exclusive authority here. A sitting head of state generally enjoys immunity from prosecution for both official and private acts while in office. Deciding whether to grant or revoke that immunity is a federal Executive function, specifically the State Department’s, acting under the President’s broad constitutional authority over foreign affairs. Courts defer to the State Department on this question almost without exception. Whatever police powers a city or state might otherwise claim are preempted by that federal authority. That alone answers the question: No mayor has the legal option Mamdani is describing.

Three additional facts reinforce the federal government’s authority.

First, the United States isn’t party to the Rome Statute, the treaty that created the ICC. Under basic principles of international law, a state isn’t bound by a treaty it never joined. ICC warrants therefore have no legal effect in the U.S., and no state or city official has any authority – let alone obligation – to enforce them.

Second, even if the U.S. were a party to the Rome Statute, New York City still couldn’t act unilaterally. Enforcement would run through the federal government first, which would direct how states implement the treaty. And any federal grant of immunity to Netanyahu would preempt the city’s role regardless.

Third, existing treaty law points the opposite direction. Under Article IV of the Convention on the Privileges and Immunities of the United Nations – a treaty the U.S. has ratified – foreign officials visiting New York for U.N. business are entitled to immunity. Under Article VI of the Constitution, ratified treaties are the supreme law of the land, overriding any conflicting state or local law.

So contrary to the mayor’s desire, the U.S. Constitution in fact requires him to provide the Prime Minister with immunity (protection) from arrest even if there were a warrant against him under New York law, let alone a warrant issued by the ICC.

Picture the scenario directly: Federal agents are with the Prime Minister, and a New York City police officer moves to arrest him. Federal authority prevails. There’s no ambiguity in that confrontation, and it’s hard to believe Mamdani doesn’t know it.

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