New York City’s mayor has been advised that the municipality lacks the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu should he attend the United Nations General Assembly in September.
The International Criminal Court issued arrest warrants for Netanyahu and former defense minister Yoav Gallant in 2024, accusing them of war crimes and crimes against humanity tied to Israel’s military operations in Gaza.
The warrants relate to Israel’s response to a Hamas attack on October 7, 2023, which caused more than 1,200 Israeli fatalities and resulted in over 250 hostages being taken.
In public statements, the mayor labeled Netanyahu a war criminal and declared that he is not welcome in New York City, echoing the ICC’s position.
City attorneys examined every legal avenue and concluded that the mayor’s administration does not possess independent authority to enforce an ICC arrest warrant.
The mayor urged the federal government to join the ICC and execute the warrant, emphasizing that local officials lack the power to act on their own.
U.S. officials reiterated that the United States is not a party to the Rome Statute governing the ICC, and that diplomatic protections for heads of state under the UN Headquarters Agreement and head‑of‑state immunity block any arrest.
Federal authority supersedes municipal actions, rendering the arrest of a visiting head of government impossible under current law.
The president affirmed that Netanyahu will not be arrested if he travels to the United States, and redirected criticism toward other foreign leaders.
Israeli diplomatic representatives responded by accusing the mayor of providing a platform for extremist groups and defending Iran.
A senior senator highlighted what he described as a double standard, questioning why the mayor targets one leader while remaining silent on other regimes implicated in mass violence.
