Commentaries by Joel Zivot

An aggravating circumstance is any factor surrounding a criminal act that increases the severity of the harm or the culpability of the offender. When present, an aggravating circumstance elevates the charge to a higher classification. The result is a harsher penalty at sentencing. The International Criminal Court should consider designating evidence of drugged action (combatants [...]

READ MORE

On November 10, right-wing Knesset member Itamar Ben-Gvir proposed a bill that would use the death penalty to punish Palestinian terrorists convicted of killing Israeli citizens. Some Knesset members have argued that such a law would prevent future prisoner release swaps, as there would be little value for a dead prisoner in such an exchange. [...]

READ MORE

A ceasefire is an agreed-upon temporary cessation of hostilities, allowing for negotiation and the delivery of humanitarian aid. It has no legal definition under international law. As Israel and Hamas are now engaged in a ceasefire, a small glimmer of light appears. The last 20 living hostages have been returned to Israel. In exchange, Israel [...]

READ MORE

“It’s hurting so bad,” Byron Black said five minutes after the State of Tennessee initiated his execution last month. The 69-year-old’s anguished words echoed through the death chamber as a device designed to save lives may have prolonged his dying, creating the very cruelty the Constitution forbids. Mr. Black had suffered from congestive heart failure, [...]

READ MORE

On December 15, Israel announced the closure of its embassy in Ireland. Israel blamed extreme anti-Israel policies brought forth by the Irish government. The last straw may have been Ireland’s decision to join with South Africa in the case before the International Court of Justice (ICJ) that accuses Israel of genocide. Ireland has asked the [...]

READ MORE

Recently, the International Criminal Court (ICC) rejected Israel’s challenge to jurisdiction and issued arrest warrants for the country’s Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The charges against Netanyahu and Gallant are for crimes against humanity and war crimes alleged to have been committed between October 8, 2023, and May 20, 2024. [...]

READ MORE

In the Israel-Hamas war, accusations of an Israeli “genocide” against the people of Gaza have created fierce debate and, consequently, warrant a reappraisal of the meaning of the term. Far from the historical and legal definition of the word, accusations of genocide against Israel have transformed the very essence of the word. This is lexical [...]

READ MORE