New York City Mayor Zohran Mamdani's earlier pledge to arrest Israeli Prime Minister Benjamin Netanyahu drew divergent responses from House Democrats, with some supporting the notion while others cited legal impediments.
Mamdani, who had vowed during his campaign to use the New York Police Department to enforce an International Criminal Court (ICC) warrant for Netanyahu, later conceded that the city lacks the "independent legal authority" to do so. He subsequently called on the federal government to execute the warrant, stating that Netanyahu is "not welcome in New York City."
Rep. Rashida Tlaib, D-Mich., expressed support for the idea, telling Fox News Digital, "Arrest him. He’s a war criminal." Tlaib also offered assistance to Mamdani, stating, "If he needs help, tell him to call me," indicating uncertainty about whether citizen's arrest applied in this context.
Similarly, Rep. Summer Lee, D-Penn., commented, "I do think that Netanyahu is a war criminal," and added, "I wish that we had a country that didn’t excuse war criminals."
However, Rep. Jerry Nadler, D-N.Y., was among those who immediately dismissed the feasibility of Mamdani's proposal, citing potential violations of a treaty with the United Nations. "There's a treaty under which the U.N. is lodged in the United States. Pursuit to that treaty, any diplomat can come to the U.N. and be immune from process," Nadler explained. This refers to the 1947 U.N. Headquarters Agreement, which grants immunity to foreign officials attending U.N. meetings in the U.S.
The United States is not a member of the ICC and is not party to the Rome Statute, the treaty that establishes the court and obligates member nations to arrest individuals sought under ICC warrants.
Mamdani's call for federal action follows a statement by former President Donald Trump on Truth Social asserting that Netanyahu "will not be arrested, in any way, shape, or form." Secretary of State Marco Rubio has also previously threatened to "dismantle" the ICC, characterizing its use of international law as overreaching and a threat to the U.S. political and legal system.