New York Mayor Zohran Mamdani has repeatedly stated that he would instruct the NYPD to arrest Israeli Prime Minister Benjamin Netanyahu if he set foot in New York, citing the International Criminal Court (ICC) arrest warrant against him. Netanyahu is wanted by the ICC for alleged war crimes and crimes against humanity committed against Palestinians in the Gaza Strip, including the use of starvation as a method of warfare and the targeting of civilians.

Despite these charges, Netanyahu announced on 3 December 2025, that he still plans to visit New York, dismissing Mamdani’s statements about enforcing the ICC warrant. This raises a critical question: Does a city mayor in the United States have the authority to arrest a foreign head of state under international law?

To answer this, we must first understand the positions of Israel and the United States regarding the ICC. Neither Israel nor the U.S. is a state party to the Rome Statute, the treaty that established the ICC. Israel initially signed the Statute but later withdrew its signature, while the U.S. has consistently opposed ICC jurisdiction over its nationals and allies.

Under Articles 12–15 of the Rome Statute, the ICC can exercise jurisdiction in the following situations: When the perpetrator is a national of a State Party or the crime occurred on the territory of a State Party. When a State Party refers a situation to the Court. When the UN Security Council refers a situation under Chapter VII of the UN Charter. When a non-member state accepts jurisdiction by lodging ad hoc declaration to the court. Or when the Prosecutor initiates an investigation (proprio motu) based on reasonable grounds.

Palestine acceded to the Rome Statute in 2015, and in February 2021 ICC’s Pre-Trial Chamber confirmed that the Court has jurisdiction over crimes committed in the Occupied Palestinian Territories. In November 2024, the ICC issued

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