Will Netanyahu risk arrest and visit the UN headquarters in Mamdani's New York?

During his election campaign, New York's incoming mayor, Zohran Mamdani, said he would honour the International Criminal Court's warrant for Benjamin Netanyahu's arrest. 

The Israeli Prime Minister has responded, saying he's "not afraid" to visit the city, which is home to the United Nations headquarters. So does Mamdani have the power to arrest Netanyahu, and what would the aftermath be?

Why did Mamdani say he would arrest Netanyahu?

On 21 November 2024, the International Criminal Court issued a warrant for Netanyahu's arrest. He is accused of war crimes and crimes against humanity, specifically using starvation as a method of warfare and of intentionally directing attacks against a civilian population.

The Israeli Prime Minister is also accused of murder, persecution and other inhumane acts.

The warrant came amid Israel's genocide in Gaza, which has killed over 70,000 Palestinians.

The arrest warrant has prevented Netanyahu from visiting over one hundred countries that are members of the ICC, including Israel's allies the United Kingdom, Germany, and Argentina. These countries are obliged to arrest any criminals wanted by the ICC if they enter their country. 

The United States has not, however, ratified the Rome Statute - the treaty that established the ICC. This means the US does not have to arrest individuals who are wanted by the court.

Despite this, prior to his election victory, Mamdani previously indicated that he would arrest Netanyahu if he sets foot in New York.

"It is my desire to ensure that this be a city that stands up for international law," he said.

Does Mamdani have the power to arrest Netanyahu?

The New York City Police Department would be in charge of carrying out an arrest if Mamdani ordered it. Historically, New York's mayor and the NYPD have had a strained relationship.

In 2015, hundreds of officers turned their backs on then-mayor Bill de Blasio when he spoke at the funeral of an officer. He previously said that he had told his biracial son to "take special care" around NYPD officers.

While relations have improved in recent years, it's unclear if the force would actually carry out an order for Netanyahu's arrest from a mayor who, in 2020, called the NYPD “racist, anti-queer & a major threat to public safety.”

Mamdani has since apologised for these comments, but that may not be enough for the NYPD to turn its back on long-standing ties with Israel. Since 9/11, the NYPD has sent officers to Israel for training exercises, a practice that Mamdani has criticised.

The decision about whether to carry out an arrest order for Netanyahu would likely fall to NYPD commissioner Jessica Tisch, who recently apologised to Mamdani after her brother called him an "enemy" of Jewish people.

Tisch has not commented on the matter, but Mamdani's power to arrest Netanyahu would lie with a force that has links to Israel, and that has not been afraid of open hostilities with previous mayors.

What would happen if the NYPD did arrest Netanyahu?

Even if the NYPD did execute an order for Netanyahu's arrest, his detention would be unlikely to last long. 

If Mamdani orders the arrest, it could strain his relationship with President Donald Trump. Despite their deep ideological differences, Trump has been charmed by Mamdani's charisma and good looks, even allowing the incoming mayor to call him a fascist.

However, Trump is also close to Netanyahu and has been a long-standing supporter of Israel. Speaking about the arrest threat in July, the president said, “I’ll get him out.”

Federal law is not on Mamdani's side either. The American Service-Members’ Protection Act, passed in 2002, says, “No agency or entity of any State or local government, including any court, may cooperate with the International Criminal Court.”

This means the federal government could intervene and order Netanyahu's release. This law would also make extraditing him to The Hague, where the ICC is located, illegal.

Given Trump's previous deployment of the National Guard in Democrat-led cities, including Washington, DC and Los Angeles, Mamdani may decide that it's not worth jeopardising his relationship with Trump to order an arrest that's unlikely to lead to a trial.

Does Netanyahu plan to visit New York?

While his current US visit does not include a stop in New York, Netanyahu has repeatedly confirmed that he will visit the city while Mamdani is mayor.

The Israeli president visits the city annually for the United Nations General Assembly, held at the UN headquarters in the city.

Netanyahu is unlikely to miss the 2026 general assembly, as it's scheduled for the month before the upcoming Israeli elections. Given his waning public support, a September 2026 visit to New York could be one of his last appearances on the world stage, and a chance to embarrass Mamdani.