CNN legal analyst Elie Honig on Monday dismissed New York City Mayor Zohran Mamdani's assertion that his administration is exploring the possibility of arresting Israeli Prime Minister Benjamin Netanyahu if he visits the city. Honig characterized the mayor's suggestion as "utterly ridiculous" and lacking any legal authority.
Mamdani had stated that his administration is in "active conversation" with the city's Law Department regarding what legal authority New York City possesses should the Israeli prime minister travel to the city. He added that his administration would "do whatever the law allows me to do in New York City." Mamdani further commented, "When it comes to Benjamin Netanyahu, we are talking about someone who's the subject of an international criminal court arrest warrant... for alleged crimes against humanity for war crimes, and he's the architect of the genocide of Palestinians in Gaza as Israel's prime minister. These are not facts of my personal assessment; they are facts of public record."
However, Honig countered Mamdani's claims, explaining that the mayor of New York City possesses no law enforcement authority and cannot direct the Manhattan District Attorney or the NYPD on who to arrest or indict. Honig emphasized that the International Criminal Court (ICC) arrest warrant for Netanyahu has no legal effect in the United States because the U.S. is not a signatory to the ICC's founding treaty.
"The Constitution is quite clear that the conduct of foreign diplomacy, foreign affairs, is entirely up to the federal government. It's certainly not up to local and county governments in New York City or elsewhere," Honig stated, adding that he was saving Mamdani's lawyers time by clarifying that the mayor does not have the authority to pursue such an action.
U.S. Ambassador to the United Nations Mike Waltz also criticized Mamdani's remarks, labeling them as "pure political theater." Waltz cited the U.S. not being a party to the ICC's treaty, the U.N. Headquarters Agreement protecting visiting heads of government, and the principle of head-of-government immunity, noting that federal authority supersedes any local mayor's directives.
The ICC issued arrest warrants for Netanyahu and former Defense Minister Yoav Gallant in November 2024, citing alleged war crimes and crimes against humanity related to Israel's military campaign in Gaza. Mamdani's office referenced his prior statements when asked for comment by Fox News Digital.