Mamdani Repeats Legally Baseless Threat to Arrest Netanyahu, Prompting Outrage

New York City mayor-elect Zohran Mamdani is facing mounting criticism after reaffirming his campaign pledge to pursue the arrest of Israeli Prime Minister Benjamin Netanyahu if he visits the city a move experts and officials alike say is not only impossible but dangerously provocative.

Mamdani, a progressive lawmaker known for his vocal support of the BDS movement and harsh criticism of Israel, reiterated this week that he would seek to explore “every legal possibility” to act on an International Criminal Court (ICC) warrant against Netanyahu. He first made the promise during his campaign and has doubled down post-election, prompting fierce backlash from legal scholars, Jewish leaders, and political observers.

Legal experts were swift and unanimous in their assessment: Mamdani’s threat has no basis in American law. The United States is not a signatory to the Rome Statute, the treaty that established the ICC, and ICC warrants carry no legal force domestically. Moreover, local governments have no authority over foreign policy or international legal enforcement, a role reserved for the federal government under the Constitution.

Further complicating Mamdani’s rhetoric is the fact that foreign heads of government enjoy full diplomatic immunity while visiting the U.S. Any attempt to detain Netanyahu would be unconstitutional and trigger federal intervention. New York Governor Kathy Hochul could even act to remove Mamdani under the city charter if such an illegal order were attempted.

Critics have labeled Mamdani’s position as legally baseless grandstanding meant to appeal to his anti-Israel activist base. “This isn’t about international law. It’s about theatrics and radical signaling,” said one legal analyst. “There’s no legal mechanism, no scenario, where NYC can arrest a sitting Israeli prime minister.”

Jewish groups and civic leaders have expressed alarm at the implications. With New York City home to the world’s largest Jewish population outside Israel, many view Mamdani’s repeated threat as a deeply divisive attack on a core part of the city’s identity. Concerns are growing that his administration will marginalize pro-Israel residents and institutions.

Of particular concern is Mamdani’s stated intention to reevaluate the Roosevelt Island tech partnership between Cornell University and Israel’s Technion Institute, seen by critics as an extension of his anti-Israel agenda. Legal experts caution that any move to disrupt this internationally lauded program could violate federal and state anti-BDS laws.

While some observers hoped Mamdani would temper his radical rhetoric upon assuming office, his latest statements suggest otherwise. “He’s not moderating. He’s recalibrating just enough to maintain legal deniability while continuing to fuel division,” said one political commentator.

For now, Mamdani’s comments remain symbolic. But they serve as a warning about how extreme ideology can clash with the legal and diplomatic norms of public office and about the challenges facing one of the world’s most diverse and globally connected cities under his leadership. Share this article or subscribe to our newsletter for updates.