Can Zohran Mamdani arrest Israeli PM Netanyahu if he comes to NYC?

Zohran "Smiley" Mamdani

New York City Mayor-elect Zohran Mamdani, a Democratic Socialist and an overt anti-Zionist [aka anti-Semite] promises that if Israeli Prime Minister Benjamin Netanyahu comes to New York City, he will be arrested.

Can Mamdani do this?

The short answer is no.

Mayors have no jurisdiction over international arrest warrants, specifically the International Criminal Court (ICC) issued against Netanyahu in November 2024, which accuse him of crimes against humanity related to the Gaza conflict.

What comrade Mamdani refuses to acknowledge is the United States is not a party to the ICC's jurisdiction over American citizens and has rejected their authority over non-member states' leaders which includes Israel, another non ICC member.

But if the US happened to be a member of the ICC, their warrants would be handled by federal authorities, not local mayors.

Moreover, sitting heads of state traditionally enjoy personal immunity from prosecution, and if Netanyahu visited the Big Apple, the US State Department would absolutely invoke this immunity if Bibi made an official visit, especially if he does so when in office.

Our nation has historically blocked or ignored similar attempts by authoritarian politicians. For example, we passed the 2002 American Service Members’ Protection Act, nicknamed the “Hague Invasion Act,” partly to protect allies from ICC intrusive actions.

Furthermore, local police cannot unilaterally arrest a protected foreign leader, such as a mayor of any city. They simply don't have the power to order an arrest of a visiting foreign leader who is under US federal protection, who, when visiting the US, is typically under Secret Service and Diplomatic Security Service protection. Any attempts by Mamdani, or local cops to arrest Netanyahu would be overruled on the spot by the feds law enforcement and Justice Department.

If "Smiley" tries to arrest Benjamin Netanyahu, several outcomes are possible and any one of them is highly probable.

First, if comrade Mamdani directs the NYPD to detain the Israeli PM upon arrival, the repercussions would be swift, severe, and multifaceted. The U.S. State Department and Justice Department would immediately intervene, invoking Bibi's head-of-state immunity under customary international law and the Vienna Convention on Diplomatic Relations. But if he throws all care to the wind and attempts an arrest, Mamdani could face federal charges like false imprisonment (18 U.S.C. § 1201), obstruction of foreign affairs (18 U.S.C. § 953), or even conspiracy against rights (18 U.S.C. § 241). 

Precedent includes the U.S. ignoring ICC warrants for non-allies like Sudan's Omar al-Bashir in 2013. NYPD officers following such an order could face discipline or charges themselves.

Second, as mayor-elect, or even post-inauguration this January, Mamdani could be impeached by the NY City Council or even be removed under New York law for misconduct (N.Y. City Charter § 24).  

A bill led by Rep. Elise Stefanik (R-NY), introduced in September 2025, explicitly aims to block NYC from enforcing foreign arrest warrants against Israeli officials, potentially triggering automatic penalties like loss of federal funding. However, it might not have even been necessary.

 
Third, Netanyahu (or Israel) could sue Mamdani personally for defamation, emotional distress, or wrongful interference, seeking damages in the millions. 

The U.S. could also pursue indemnity claims against the city.

And while Mamdani's anti-Zionist political base might applaud his attempts at stardom, moderate Democrats, the city's huge Jewish community of over a million residents, and groups like AIPAC, would oppose him politically and cripple any chances of a thriving political career. Remember, this communist only won the mayoral race by a thin margin. 

The Party could, and should reprimand him if he attempts to arrest Netanyahu, but if I had to put money on the final outcome, the comrade will chicken out.

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