New York City Mayor Zahran Mamdani said this week that he lacks the legal authority to arrest Israeli Prime Minister Benjamin Netanyahu on war crimes charges if he visits the largest city in the United States, after Mamdani previously mentioned that he was considering that step.

Mamdani did not detail how he reached that conclusion. Independent legal experts told Reuters that Mamdani lacks the authority to arrest Netanyahu because the United States generally recognizes immunity for heads of state and United Nations representatives, and because Washington is not a member of the International Criminal Court.

Here is a look at the legal issues:

* Why does Mamdani want to arrest Netanyahu?

The International Criminal Court in The Hague issued an arrest warrant for Netanyahu in 2024 on charges of committing war crimes during the Gaza war. Israel rejects the court's jurisdiction and denies committing war crimes.

Mamdani described Netanyahu as a "war criminal" in an interview with The New York Times aired on Saturday, adding that the city's legal department is seriously studying whether the law would allow arresting Netanyahu if he visits New York to attend the United Nations General Assembly in September.

Mamdani, a Democrat, made similar statements during his mayoral campaign ahead of the election on November 4, 2025. In a video posted on social media on Tuesday evening, Mamdani said he does not have such authority.

Mamdani added, "It is clear that we do not have independent legal authority to execute this warrant."

Mamdani's office and the Israeli embassy in Washington have not yet responded to requests for comment.

* What does the law say?

International law experts said there are multiple reasons preventing Mamdani from arresting Netanyahu.

Alex Whiting, a professor at Harvard Law School, former ICC prosecutor, and former U.S. Department of Justice official, said there is no mechanism under U.S. law to execute arrest warrants issued by the court since the United States is not a member.

Additionally, Whiting said a 2002 U.S. law known as the "American Service-Members' Protection Act" explicitly prohibits the United States from surrendering any person, regardless of nationality, to the International Criminal Court.

Rebecca Ingber, a professor at Cardozo School of Law and former U.S. State Department lawyer, said that heads of government still in office like Netanyahu generally enjoy immunity from arrest and prosecution in U.S. courts. She added that representatives of UN member states enjoy that immunity while traveling to and from the organization's meetings.

* Can the federal government arrest Netanyahu?

In the video he posted, Mamdani called on the federal government to execute the arrest warrant.

Whiting said the United States would first need to join the International Criminal Court and repeal the American Service-Members' Protection Act for the federal government to be able to arrest Netanyahu. Whiting added that even then, the agreement between the United Nations and the United States granting immunity to representatives of the organization would remain an obstacle.

U.S. President Donald Trump, a Republican, said in a social media post on Monday that Netanyahu will not be arrested while in the United States.

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