Can US states enforce international arrest warrants independently?

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US States Lack Independent Authority to Enforce International Arrest Warrants

US states generally cannot independently enforce international arrest warrants, as the authority to conduct foreign diplomacy and manage foreign affairs is a delegated power vested in the federal government. New York City Mayor Eric Adams, for instance, determined he lacked the independent legal authority to enforce an International Criminal Court (ICC) arrest warrant for Israeli Prime Minister Benjamin Netanyahu. This limitation stems from the division of powers within the US federal system, where states possess reserved powers that do not extend to international legal matters.
Federalism and the Division of Powers

The United States operates as a federation, a system where governmental authority is divided between a central federal government and 50 state governments. The US Constitution delineates these powers into categories: delegated powers, reserved powers, concurrent powers, and implied powers. Delegated powers, such as conducting foreign diplomacy and foreign affairs, are exclusively assigned to the federal government in Washington, D.C. In contrast, reserved powers are those not specifically delegated to the federal government, and these are generally retained by the state governments.
The Scope of State "Police Powers"

Reserved powers for states include what are termed "police powers." This term, contrary to its literal meaning, does not refer to law enforcement agencies but rather to the authority of states to regulate for the health, safety, and general welfare of their citizens. While these powers are broad and cover areas like establishing schools and regulating intrastate businesses, they do not typically encompass the enforcement of international legal obligations, such as executing arrest warrants issued by international tribunals.
Impact of Non-Ratification of the Rome Statute

A significant factor limiting the enforcement of international arrest warrants by US states is the fact that the United States has not ratified the Rome Statute. The Rome Statute is the foundational treaty of the International Criminal Court (ICC), and its ratification obliges signatory countries to cooperate with the ICC, including arresting individuals named in arrest warrants. Without this federal commitment, states are not legally bound to act on such international mandates, reinforcing the federal government's exclusive jurisdiction over foreign policy and international legal matters.

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Can US states enforce international arrest warrants independently?

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