Can Netanyahu Be Arrested In NY Despite Trump's Assurance? What US Law Says

Donald Trump said Benjamin Netanyahu will not be arrested in the US after Zohran Mamdani raised the possibility of enforcing the ICC arrest warrant.

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Donald Trump dismissed Zohran Mamdani's views on Benjamin Netanyahu.
Photo Source: Wikimedia Commons

A legal standoff has emerged between US President Donald Trump and New York City Mayor Zohran Mamdani after the latter suggested his administration was exploring whether it could enforce the International Criminal Court's (ICC) arrest warrant against Israeli Prime Minister Benjamin Netanyahu during a visit to the United States.

President Trump, however, insisted Netanyahu would not be arrested on American soil.

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In an interview with The New York Times, Mamdani said Netanyahu "belongs in The Hague" and described him as a "war criminal."

Mamdani said his administration was consulting the New York City Law Department to determine whether the New York Police Department could legally act on the ICC warrant should Netanyahu visit the city, while stressing that any decision would be guided by existing law.

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What Does US Law Say?

Following the standoff, the legal experts, however, said such a move would have little legal basis.

The New York City Police Department (NYPD) is authorised to enforce New York State laws and local ordinances, not warrants issued by international courts. 

Under the US Constitution, authority over foreign affairs rests solely with the federal government, leaving states and local governments without the power to enforce international legal rulings.

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Experts also pointed to the diplomatic immunity generally enjoyed by sitting heads of government under customary international law.

Netanyahu's visits to New York are often tied to the UN General Assembly, with the 1947 UN Headquarters Agreement requiring the US to facilitate access and security for visiting foreign leaders.

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The United States is not a party to the Rome Statute that established the ICC, meaning the court's arrest warrants are not automatically enforceable under US law.

Trump, in a Truth Social post, dismissed the ICC case as a "witch hunt" and pledged that Netanyahu would not be arrested in the US. 

Netanyahu, meanwhile, rejected Mamdani's remarks and said that the New York mayor was supporting Hamas. He also reiterated that the ICC lacks any jurisdiction over Israeli citizens.

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