Why can New York not arrest Netanyahu alone?

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New York City Lacks Independent Legal Authority to Arrest Benjamin Netanyahu Due to Federalism and US Stance on ICC Warrants

New York City Mayor Eric Adams determined that he does not possess the independent legal authority to arrest Israeli Prime Minister Benjamin Netanyahu for alleged war crimes, a situation stemming from the division of powers within the United States' federal system and the US's non-ratification of the Rome Statute. The authority to conduct foreign diplomacy and manage foreign affairs is a delegated power vested solely in the federal government, while New York's powers are reserved, primarily encompassing the health, safety, and welfare of its citizens, rather than the enforcement of international arrest warrants against foreign leaders.
Federal Structure Divides Powers Between National and State Governments

The United States operates as a federation, a system where governmental authority is divided between a central federal government and individual state governments. This division, codified in the US Constitution, establishes a framework where specific powers are assigned to the federal government, others are reserved for the states, and some are shared concurrently. For instance, the federal government holds the exclusive power to declare war and manage foreign policy, whereas states are empowered to establish schools and regulate intrastate businesses.
Delegated Powers Restrict State Autonomy in Foreign Affairs

The US Constitution explicitly assigns certain powers to the federal government, known as Delegated Powers. These include the critical functions of conducting foreign diplomacy and managing foreign affairs, which are areas where state governments, including New York, have no independent authority. Consequently, matters pertaining to international arrest warrants issued by bodies like the International Criminal Court (ICC) fall outside the purview of state or local officials.
US Non-Ratification of Rome Statute Limits Enforcement

A significant factor limiting New York's ability to act is the United States' non-ratification of the Rome Statute, the treaty that established the ICC. Ratification of this statute would obligate signatory countries to cooperate with the ICC, including arresting individuals named in arrest warrants. Without this ratification, the US is not legally bound by the ICC's mandates, further diminishing the grounds for state or local authorities to enforce such warrants independently.
Reserved Powers Do Not Include Enforcement of International Warrants

New York's governmental powers are categorized as Reserved Powers, which are those not specifically delegated to the federal government. These powers include what are termed "police powers," focused on ensuring the health, safety, and welfare of state residents. While these powers allow states to regulate various aspects of life within their borders, they do not extend to the independent enforcement of international arrest warrants for foreign heads of government, especially when such actions would impinge upon the federal government's exclusive domain of foreign relations.

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Why can New York not arrest Netanyahu alone?

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