Donald Trump has stated that Israeli Prime Minister Benjamin Netanyahu “will not be arrested” if he visits the United States, directly opposing an International Criminal Court (ICC) warrant issued over alleged war crimes in Gaza. Trump’s declaration on Truth Social on Monday came as New York City Mayor Zohran Mamdani explores legal avenues to detain Netanyahu during the UN General Assembly in September.
Trump’s stance on ICC warrant
In a Truth Social post, Trump wrote that Netanyahu “will not be arrested, in any way, shape, or form while in the United States of America.” He argued that Netanyahu is “fighting against the Islamic Republic of Iran” and claimed “the only ones that should be arrested are the people that led Iran into this unprecedented spiral of death and destruction.” The ICC issued an arrest warrant for Netanyahu in November 2024 for alleged war crimes and crimes against humanity in Gaza, including starvation as a method of warfare and murder.
Mamdani’s push for arrest
Mamdani, who took office as New York City mayor in January 2025, told the New York Times on Saturday that “prime minister Netanyahu belongs in The Hague,” where the ICC is based. He called Netanyahu a “war criminal” and said he is in “active conversation” with the city’s law department about his legal authority to direct the New York Police Department to detain Netanyahu. “Whatever the law allows me to do in New York City, that’s what we will do,” Mamdani said, adding, “But we won’t be writing our own laws to that end.”
US non-recognition of ICC
The US does not recognize the ICC’s jurisdiction and is not a party to the Rome Statute. However, Mamdani pledged during his mayoral campaign last September that he would arrest Netanyahu if he traveled to New York. “It is my desire to ensure that this be a city that stands up for international law,” he said. The ICC has also issued arrest warrants for former Israeli Defense Minister Yoav Gallant and Hamas military leader Mohammed Deif, accusing them of war crimes and crimes against humanity in Gaza.
