During his mayoral campaign last year, New York Mayor Zohran Mamdani pledged to arrest Israeli Prime Minister Benjamin Netanyahu if he arrived in New York for the United Nations General Assembly, citing an International Criminal Court (ICC) warrant. However, Mamdani has since acknowledged that he lacks the legal authority to carry out such an arrest following consultation with his legal team.
The United States is not a party to the ICC and does not recognize its jurisdiction. In fact, the American Servicemembers’ Protection Act of 2002 explicitly prohibits federal, state, and local agencies from cooperating with ICC arrest warrants. Under this legislation, any attempt to detain Netanyahu on behalf of the ICC would violate U.S. law, potentially exposing those involved to legal consequences, including injunctions and contempt of court.
Moreover, the Protection of Foreign Officials and Official Guests Act criminalizes any assault, imprisonment, or use of force against foreign officials or official guests, including foreign heads of government like Netanyahu. This law carries penalties of up to three years in prison for non-violent offenses, and up to ten years if a deadly or dangerous weapon is involved. It also authorizes the U.S. attorney general to seek assistance from federal, state, or local agencies—and even military branches if necessary—to enforce these protections.
In addition to these statutes, Mamdani’s prior public threat to arrest Netanyahu could itself be construed as a violation. The same law prohibits intimidating or obstructing foreign officials in the performance of their duties, with penalties of up to six months in prison for such actions or attempts.
Legal experts have noted that if Mamdani had moved forward with his plan, he would have faced arrest and prosecution rather than Netanyahu. The U.S. government’s posture remains firmly opposed to ICC interventions involving its allies, particularly Israel, which also does not recognize the court’s authority.
The ICC’s indictment of Netanyahu has been contentious, drawing criticism for focusing on the Israeli leader amidst ongoing conflict in Gaza following Hamas attacks on October 7, 2023. Critics highlight that the court has not pursued leaders of other countries with documented human rights abuses, such as Iran, China, or North Korea, many of whom also participate in the U.N. General Assembly.
In this context, some U.S. officials, including former Secretary of State Marco Rubio, have called for dismantling the ICC, arguing that it threatens U.S. sovereignty and unfairly targets American citizens and allies. The Trump administration imposed sanctions on ICC officials following the court’s investigations into alleged U.S. war crimes in Afghanistan, underscoring the deep opposition within parts of the U.S. government to the court’s jurisdiction.
Ultimately, Mayor Mamdani’s decision to halt his plan reflects the complex legal and diplomatic realities surrounding ICC warrants in the United States. His legal team’s intervention prevented potential legal repercussions for the mayor, underscoring the limits of local authority in matters governed by international and federal law.