I hope to see the supporters from both sides. I read through comments, will ask questions back and i will try to review proofs (unless overwhelmed by amount).
This should be seen as a debate where the win is defined by success of convincing me.
Current status: i am confused. I used to watch Bernie Sanders last year. Today i saw in yt his video about starvation in gaza. Then immediately I saw videos from BBC and CNN on the same theme, but their commentary did not match the videos they were showing. So first question is: is there famine in gaza? Who's fault it is (israel? Hamas? Un distribution programme?)?
This market is guaranteed to resolve either 100% or 0% in a month. If at the end of August I believe that everyone is faulty, then i will decide who is the greater evil.
Note, that this is not just about hunger, but also about war in general. I have seen over instagram people saying Israel wants eradicate palestinians. Is that true?
Update 2025-07-31 (PST) (AI summary of creator comment): The creator will share any related videos they watch in the comments to provide insight into the information influencing their decision.
Update 2025-08-01 (PST) (AI summary of creator comment): The creator has stated a preference for a "logical approach" in arguments. They find arguments based on conditional reasoning (e.g., "what will happen if...") and historical precedent more persuasive than arguments using what they describe as "loud words" (e.g., genocide, apartheid).
Update 2025-08-01 (PST) (AI summary of creator comment): The creator has provided more specific details on what they find persuasive:
Claims using what the creator calls "loud words" (e.g., genocide, famine) require strong evidence.
A key test of Israel's intentions would be their reaction to a potential hostage-for-withdrawal deal.
The creator is currently skeptical that Israel controls food distribution after it has crossed the border into Gaza and is looking for evidence on this point.
The creator is seeking official statements from Hamas regarding their goals in the conflict.
Update 2025-08-01 (PST) (AI summary of creator comment): The creator will only consider open-source information and will not view paywalled articles. Additional insights into their reasoning include:
Skepticism towards interpretations of evidence (e.g., polls) that infer intent beyond what is explicitly stated.
The presence of a large Arab population in Israel is seen by the creator as a counter-argument to claims of a general desire for ethnic cleansing.
Update 2025-08-01 (PST) (AI summary of creator comment): The creator is evaluating the question of whether Israel has provoked hunger in Gaza. They have specified a need for a high standard of evidence on this point, requiring a clear 'chain of information custody' with specific statistics and verifiable sources, rather than abstract media reports.
Update 2025-08-01 (PST) (AI summary of creator comment): The creator is skeptical of the reliability of polls conducted in Gaza during the conflict. They question how such polls can be methodologically sound and verifiable, suggesting arguments based on them will likely be considered unpersuasive.
Update 2025-08-01 (PST) (AI summary of creator comment): The creator is seeking arguments that address two new specific questions:
The possibility of Israel withdrawing from Gaza while building a more effective border defense.
The reasons behind Israel's security failure on October 7th.
Update 2025-08-01 (PST) (AI summary of creator comment): The creator has expressed skepticism that eradicating Hamas is possible. They reason that Hamas is an ideology (a "meme" in the original sense) that can continuously recruit new supporters, suggesting arguments based on the premise of eliminating Hamas may be unpersuasive.
Update 2025-08-01 (PST) (AI summary of creator comment): The creator is evaluating the long-term consequences of a potential hostage-for-withdrawal deal. A persuasive argument should address the question: What should Israel do after signing the deal?
Update 2025-08-01 (PST) (AI summary of creator comment): In a discussion about whether Hamas can be eradicated, the creator elaborated on their reasoning. They believe that ideologies (or "memes" in their words) that are based on emotion are more resilient and harder to extinguish than those that are not.
Update 2025-08-01 (PST) (AI summary of creator comment): The creator is now seeking arguments addressing the motivation for taking hostages, specifically why they were taken and what the aim was.
Update 2025-08-01 (PST) (AI summary of creator comment): When asking about the motivation for taking hostages, the creator has clarified they are interested in arguments concerning both Israeli hostages and Palestinian prisoners/detainees.
Update 2025-08-01 (PST) (AI summary of creator comment): In response to accusations of bias, the creator has clarified their debate methodology. They state that their approach is to question and "confront" arguments from both sides to better understand each position, not as an indication of a pre-existing leaning.
Update 2025-08-01 (PST) (AI summary of creator comment): In response to a user's question, the creator clarified what is meant by 'supporting Palestine' for the No outcome. A successful argument for No must convincingly define which entity or group constitutes 'Palestine' in this context (e.g., a specific organization, the Palestinian people, a territory, etc.).
Update 2025-08-02 (PST) (AI summary of creator comment): In response to a question, the creator has stated that restricting press access is not, by itself, sufficient evidence to determine guilt. However, they are now seeking the pro-Israeli justification for this policy.
Update 2025-08-02 (PST) (AI summary of creator comment): The creator has questioned why people from Gaza post 'staged famine photos'. This signals a high degree of skepticism towards the authenticity of such visual evidence.
Update 2025-08-02 (PST) (AI summary of creator comment): The creator has expressed skepticism towards evidence presented by Israel of weapons found in hospitals, questioning if the evidence could be staged. They are seeking ways to verify such claims.
Update 2025-08-02 (PST) (AI summary of creator comment): The creator is seeking arguments from the pro-Israeli side to address the following questions:
When claiming to only target Hamas, does this imply the majority of those killed were armed combatants?
How do soldiers distinguish between a civilian and a Hamas member?
Update 2025-08-02 (PST) (AI summary of creator comment): The creator has clarified their resolution process in response to a user's question:
No single argument will be sufficient to resolve the market prematurely.
The market will run for its full duration to allow both sides to present their cases.
The creator has stated that asking if a particular point is "enough" to sway their decision is unnecessary, as the process is designed to hear all arguments from both sides.
Update 2025-08-02 (PST) (AI summary of creator comment): The creator is evaluating arguments based on a hypothetical scenario posed in a comment:
Would Israel's airstrikes be permissible if they lacked the Iron Dome and were equally vulnerable to rocket attacks from Gaza?
This indicates the creator is weighing the role of defensive capabilities and the principle of reciprocity in their final decision.
Update 2025-08-02 (PST) (AI summary of creator comment): In response to the argument that Hamas uses civilians as shields, the creator has established a specific standard of evidence:
The claim, considered a serious accusation by the creator, requires strong proof.
Persuasive evidence would include video footage, such as from a body camera or a drone.
Update 2025-08-02 (PST) (AI summary of creator comment): The creator has clarified how they will resolve the market if they have a nuanced final opinion:
They will determine which side they are "closer" to overall by calculating a weighted average of their positions on all the sub-issues discussed.
If this final score is less than 0.5, the market will resolve No. If it is 0.5 or greater, it will resolve Yes.
This confirms the market will resolve fully to Yes or No, even if the creator's final view is very close to the middle.
Update 2025-08-02 (PST) (AI summary of creator comment): In response to a question about their position on specific issues, the creator stated:
They have a pre-existing negative view of Israeli settlements, considering them a 'bad practice'.
However, they consider the issue of settlements to be a 'minor subproblem' in their overall evaluation of the conflict.
Update 2025-08-02 (PST) (AI summary of creator comment): In an elaboration on their skepticism towards evidence of famine, the creator stated they believe more than half of the images they've seen on the subject are fake or misleading. They question if such content is part of a deliberate "discreditation campaign".
Update 2025-08-02 (PST) (AI summary of creator comment): The creator has stated that they consider arguments using phrases like "it is clearly", "transparently", "they think", and "obvious" to be manipulations. Arguments using such language will likely be considered unpersuasive.
Update 2025-08-02 (PST) (AI summary of creator comment): In response to the argument that Israel restricts press access for journalists' own safety, the creator has stated this is unpersuasive. They reason that accepting risk is inherent to the profession of a war journalist.
Update 2025-08-02 (PST) (AI summary of creator comment): The creator has stated that arguments about Israel not eliminating Hamas "in its infancy" are considered invalid. They are now seeking arguments that address two new points:
The root causes of Hamas.
Official sources, such as a blog, that detail Hamas's motivations and goals.
Update 2025-08-02 (PST) (AI summary of creator comment): The creator is seeking arguments that address two new questions regarding drone technology:
Whether Israel uses pinpoint drone strikes for attacks in a manner similar to Ukraine, and the reasoning if they do not.
Why drone journalism is not permitted as an alternative if allowing traditional journalists is considered problematic.
Update 2025-08-03 (PST) (AI summary of creator comment): In response to an argument to 'side with the civilians', the creator has clarified their evaluation framework:
The final decision will be a judgment of the entities of "Israel" and "Palestine" as whole systems.
These systems include policies, actions, and tendencies, not just the peacefulness of the majority of their populations.
Update 2025-08-03 (PST) (AI summary of creator comment): The creator is now seeking arguments that describe a hypothetical scenario in which Israel would consider the war a success and declare it over. This indicates that a clear and plausible 'endgame' is a factor in their evaluation.
Update 2025-08-03 (PST) (AI summary of creator comment): When evaluating hypothetical scenarios for an Israeli victory, the creator finds arguments that depend on Hamas choosing to negotiate or disarm to be unpersuasive. A persuasive argument should describe a path to success that does not rely on Hamas's cooperation.
Update 2025-08-03 (PST) (AI summary of creator comment): When interpreting polls on Palestinian support for the October 7th attack, the creator stated they will consider the possibility that respondents supported the general military operation without knowing or approving of the specifics of the attack against civilians.
Update 2025-08-03 (PST) (AI summary of creator comment): When evaluating hypothetical 'endgame' scenarios, the creator is now seeking arguments that include an estimation of the costs. A persuasive argument on this topic should include estimates for the time, resources, and human lives that a given scenario would require.
Update 2025-08-03 (PST) (AI summary of creator comment): In response to an argument that widespread access to information (e.g., via cell phones) means a population is well-informed about events, the creator finds this unpersuasive. They reason that "infobubbles" and confirmation bias can prevent comprehension, using the information environment in Russia regarding the war in Ukraine as an example.
Update 2025-08-04 (PST) (AI summary of creator comment): The creator has clarified that their decision is also being shaped by their own external research, conducted in parallel to reading the comments. They may form strong conclusions based on this research and have stated they will not present the proof or reasoning for these specific conclusions in the comments.
Update 2025-08-04 (PST) (AI summary of creator comment): The creator has clarified how they evaluate reports from international authorities like the UN:
The conclusion of a report will not be accepted at face value.
To be persuasive, a report must detail all of its intermediate logical steps so the creator can follow the reasoning.
The creator has previously found reports from OSINT (Open-Source Intelligence) organizations to be a good example of this standard.
Update 2025-08-04 (PST) (AI summary of creator comment): In response to an argument about the international recognition of Palestine, the creator has stated they view such an action as a 'cosmetic event'. Arguments based on diplomatic recognition are unlikely to be persuasive unless they can demonstrate a tangible short-term impact.
Update 2025-08-04 (PST) (AI summary of creator comment): The creator is using the atomic bombing of Japan as a historical analogy to evaluate the current conflict. They are seeking arguments on two related points:
Whether the bombing of Japan was a reasonable action.
Whether a state's decision, made with expert input, should be automatically respected.
Update 2025-08-05 (PST) (AI summary of creator comment): A persuasive argument for the No (pro-Palestine) side must now propose a viable alternative course of action for Israel. The creator has expressed that they perceive the pro-Palestine position as labeling all of Israel's potential responses as unacceptable, effectively amounting to a "ban on any response".
Update 2025-08-05 (PST) (AI summary of creator comment): The creator has stated their belief that an argument for Israel to simply disengage from Gaza or have 'no response' is unpersuasive. They reason that this approach was tried in the past and, in their view, did not lead to positive outcomes.
Update 2025-08-06 (PST) (AI summary of creator comment): The creator is now seeking arguments that address two hypothetical scenarios:
Scenario 1: If Hamas gives up their weapons but Israel starts a settlement campaign to populate Gaza - what should Palestine do?
Scenario 2: If Israel dismantles Hamas, exits Gaza, and lifts the blockade, but receives new rocket strikes in a year - what should Israel do?
The creator emphasizes they want arguments about how to act if these scenarios happened, not how to prevent them.
Update 2025-08-06 (PST) (AI summary of creator comment): The creator has shared their current position as the market approaches resolution. They indicate they are leaning toward supporting Israel (Yes) based on their evaluation that:
Israel was justified in starting the Gaza operation due to ongoing radicalization
They were not convinced there is genocide or famine
They believe Israel will likely succeed in deradicalizing the region over 30+ years
They see no viable mechanism for Palestinians to lead the solution process
However, they also acknowledge Israeli wrongdoing in the West Bank, including apartheid conditions and dual legal systems.
The creator expects Israel to occupy Gaza similarly to the West Bank approach. See the full comment for their complete reasoning as the market nears resolution.
Update 2025-08-07 (PST) (AI summary of creator comment): The creator has clarified their ethical framework for resolution:
The decision will consider long-term consequences and potential for permanent solutions, not just accumulated casualties to date
The creator will evaluate which side has a better chance to improve and make steps toward a permanent solution
The creator has no moral block against picking the lesser evil and will resolve even if only 0.1% leaned toward one side
The word "support" in the market title is described as "clickbait" - the market will resolve based on which side the creator leans toward, even marginally
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From the beginning I always thought this had an extremely high chance of resolving YES, much in the same way that the question “Will I support Flat Earth theories after talking to Manifold?” would also probably resolve YES. Not because it’s true, but by communicating that you’re entertaining the question when the question is so lopsided, you are also communicating your beliefs on the subject.
@nathanwei lol do you just make things up https://manifold.markets/TheAllMemeingEye/do-you-support-israel-or-palestine
@TiredCliche Still no evidence of Israel* murdering† children, but Palestinian resistance groups routinely do‡.
* ie the state, which prosecutes Israelis who do murder innocents and designates Israeli groups which support murder as terrorist organizations.
† as in violence targeting non combatants. This excludes non combatants killed in the course of operations targeting combatants, which is legal under IHL.
‡ this is somehow a controversial claim nowadays, but it's pretty hard to deny given that these groups claim responsibility for these attacks.
@TiredCliche Legal under IHL? Perhaps. But I would say that there's a higher law involved, God's law.
Choosing to kill children as a means to an end is always murder, and murder is always wrong. I understand that it may be impossible to attack an enemy without killing large numbers of innocent people. In that case, it should not be done. They cannot be said to have been killed on accident. Hence, that killing is murder.
We should never do evil that good might come of it, (Rom 3:8), and murder is among the worst sins, an offense that cries to heaven. (Genesis 4:10).
@TiredCliche Guess you better support Imperial Japan over the US. Did they murder American children? No, Pearl Harbor was a military attack. We murdered tons of their children.
@nathanwei What a diabolical thing to say. Imperial Japan was certainly murdering children long before Pearl Harbor, and the idea that I ought to only care about American children is, well...

In any case, they weren't practicing jus in bello, nor did they have jus ad bellum for their surprise attack on our Navy. Whatever you think of sanctions, war is only ever just as a means of last resort and self defense, and Hirohito certainly did not avail himself of all other options.
When a war is not just in motive nor in conduct, it is simply mass murder. (Augustine.) It does not matter that they attacked a military target, because they had no right to attack in the first place. They were heathens engaged in murder, and there's no more to it than that.
@TheSmilingBraniac people seem to have more passion about their virtual points than about keeping the conversation civil. I quit.
@Henry38hw FWIW, I lost money on this market and I still feel good about it and appreciate your approach to it. I think it's an interesting experiment, and I'm sorry that (it sounds like) it's been a bad experience for you.
In hindsight, I should've read the comments before betting, but this was just a routine exercise of what a confirmation bias looks like; this wasn't entirely due to OP, as this market was designed poorly. If the parameters were well defined - i.e., what it means to be pro-Palestine or pro-Israel and what it depends on, like if there are war crimes then being pro-Palestine is reasonable, etc - maybe the resolution could've been better thought that would not have fixed the cognitive bias.
I bet believing that pro-Palestine meant something entirely different. I thought just committing war crimes and crimes against humanity (apartheid) was bad enough for you to be pro-Palestine which is entirely different from pro-Hamas btw.
A bit more on the confirmation bias, OP does not find the UN or any other adjacent international source credible and relies on anecdotal evidence (YouTube videos, one-off statements, self-reported IDF investigations but not those from the Gaza Ministry!) as well as Haartz for some odd reason (even they have multiple articles somewhat corroborating the claims made by aid agencies and the UN).
I would even bet that if the entire comment section were fed to an LLM, it would resolve this market ‘No’ (pro-Palestine) rather than ‘Yes’.
RIP my mana.
@Trazyn What point are you trying to make about LLMs? Do you believe that LLMs are neutral observers that use logic to come to a conclusion?
@ShawnReynolds I'm not sure if they entirely do but I meant it more in a way that this questions, to me, was meant to be a "debate" where OP "might" update priors based on new information and my point about LLMs was echoing the assumption that this comment box supports a pro-Palestine side and that LLMs could be a better and closer approximation to a neutral observer than OP and thus would resolve this as "No" because: (i) they are more neutral than OP; and (ii) More logical than OP.
This might not apply to ALL LLMs but that is besides the point. Its simply about OP being inconsiderate and biased.
@Trazyn LLMs are trained primarily on Reddit and Wikipedia, and they reflect the biases of these platforms. They do not use logic or any sort of thinking process at all - they use predictive text algorithms. It is alarming that people think LLMs engage in any sort of thinking or logical processing. They perform the steps of logic in their output, but these steps are shown based on a predetermined outcome, rather than the other way around.
@ShawnReynolds So you can't program or prompt an LLM to only rely on the evidence / arguments provided by one side and rule on what's more persuasive?
Either way, the point wasn't about LLMs being good (I was ostensibly wrong on that), it was about OP.
@Trazyn No you can’t with the current state of the art. “Hallucinations” are basically the normal way LLMs work, parroting statistically plausible text from the corpus they got trained on. You can do something called a RAG (retrieval augmented generation) or use related methods where you have some structure such as a vector database that can be queried in structured ways to perform e.g. deductions. As of now this does not really work well in my opinion and at any rate you would be basically relying on external constraints, not the LLM itself.
At any rate I get your point on OP. There seemed to be an initial window where he could be persuaded in either direction but it seems that in reality his mind was already made up, which makes this market a pointless exercise. On the other hand the concept of this market is very interesting.
@Trazyn I think it says more about your bias that you are so incredulous that someone would have more trust in the IDF than Hamas agencies. I'd say both should not be trusted on face value.
And yes, if Henry was someone who just accepted whatever the UN says as fact, then he would have been pro-Palestine long ago. The fact that he was undecided says that, at least in that respect, he is a critical thinker who would not blindly trust such an obviously biased institution. (It is an objective fact that the UN has had a fixation with Israel for decades that far outstrips its importance in any concrete way.)
@ShawnReynolds For reference, I was not pro-Palestinian before this market and was merely on the fence about it.
My point was that if you don't trust the non-Hamas Gaza Health Agency and other agencies operating within Gaza (now calling them Hamas is a generalisation which is a fallacy last I checked) then why trust the IDF with their claims. It's outrageous and hypocritical. Hamas is a terrorist actor and is very evil but i'd say anyone GUILTY of apartheid, war crimes, and crimes against humanity isn't that far from Hamas so it is not so incredulous to believe that actor as malicious either. OP did in fact trust the IDF, which is pretty oxymoronic to critical thinking.
If being good at critical thinking implies rejecting the consensus of numerous (not just the UN if that makes your fallacious argument less weaker) international aid agencies, legal experts, witnesses, journalists, news agencies, and etc., then count me out of this utter buffoonery.
The UN is not biased for calling apartheid apartheid nor has it claimed there to be a genocide officially. There is little to no evidence for your claim. Perhaps it may biased and I am not aware of this but I doubt the UN and all these other organisations are all biased and incorrect at the same time and even then, for your claim of bias to be significant in considering to be pro-Israel or pro-Palestine, one would have to reject a lot of legal verdicts.
@Trazyn The US was also accused of a lot of war crimes during their wars in the middle east. I wouldn't compare them to Hamas though.
I'd also argue that the UN is biased. Iran is the Chair of the United Nations Human Rights Council – Asia-Pacific Group. And Iran isn't particularly known for its respect of human rights.
@RichardKnoche I still wouldn't assign more weight to US claims made in 2003 about WMDs, or other claims made during the war on terror over the other parties to the conflict. But yes, the problem here is that moral equivalence is hard to determine but I don't think the IDF should be trusted more because they are not that far away from Hamas. I do not know of the intentions but the actions (apartheid, and other crimes) are extremely egregious and are not an indicator of trust.
The UN does not base its opinions on what Iran says in UNHRC. The implication of your claim is to literally to boot Iran out on the basis of its lack of human rights protection but that would apply to Israel and a lot of other countries to, which is not good for diplomacy. Ultimately, the chair of UNHRC Asia-Pacific Group is not an indication of that Iran is "controlling" the UN or any significant resolution / statement made by the UN is based on what Iran says. It certainly says nothing about the multiple aid workers in Gaza, the findings and reports made about Palestine, and years of legal precedents and resolutions about the state of Palestine.
@Trazyn Apartheid isn't wrong in this context. What's Israel supposed to do? Can't withdraw without a peace treaty; we've seen how that's gone in Gaza. Can't make a peace treaty; they've tried and failed. Can't lift apartheid conditions without enabling terrorist attacks on Israelis; these were instituted as security measures during the second intifada. Israel is about as humane as possible without enabling Palestinians to butcher Israelis.
1) On Apartheid
Apartheid does not have a "security exception." This is where states claim that an act that literally violates human rights is "necessary" because duh national security. For starters, where is the evidence? Why hasn't Israel at least tried to make this legally plausible or provided evidence of Hamas staying inside those houses in Israel or Hamas teaching the civilians to attack Israelis (its because there is barely any, not that there isn't any, but it isn't on a scale large enough to justify apartheid). If my neighbour was from Hamas and the government deported him and the entire block who didn't know to a war-zone where the danger to life is quite significant, then (since IDF doesn't sue / investigate the people they kick or allow settler violence against) that would be collective punishment and is not "right" in the moral sense. They also don't compensate victims even though they have legal mechanisms for Pals to make claims (jaded process and largely inaccessible)! Are all Palestinians who are kicked out without due process working with Hamas? Is it right to kick innocent people?
There's also a problem with apartheid as a system because its not just relocation, it also refers to jaded and discriminatory law and policing practices, as well as military law for Palestinians in the West Bank etc. Surely, creating grievances that are exploited by violent actors like Hamas to radicalise civilians isn't an optimal and necessary strategy and even if it is, where is the due process, what purpose do discriminatory laws and hiring practices serve? There are a lot of regulations under this system that can be lifted and may not be necessary for what you think is the objective. Regardless of necessity, no law allows for an exception that can justify apartheid, it is quite literally a crime against humanity and the same argument you tout has been rejected by the ICJ and legal experts for a long time.
2) On Peace
It's not as simple as the Pals didn't want it. I wonder who rejected the 2002 Arab Peace Plan. The major issue with peace treaties is that there are commitment problems and some of these pre-date Hamas though the Pals also have some commitment problems. For instance, illegal settlements and such are serious reasons why Pals reject peace which is totally reasonable, not to mention their rejection of Palestinian recognition.
It's not so simple as the blame being just on one side and I am not that well versed in the history of peace negotiations to say anything more meaningful.
@ElmerFudd I don't like the use of the term "apartheid" here. It's based on citizenship, not race. Apartheid is like the Jim Crow south or South Africa where it's explicitly based on race. It's not like the West Bank where it's citizenship or Rhodesia or the olden days in the US where it was about owning property. These things are correlated with race, but if it's not racial I don't think it's "apartheid".
@Trazyn Apartheid was defined as a crime against humanity by the Rome Statute of the ICC, which the US and Israel as well as China etc have not signed. SOME countries consider it a "crime against humanity".
It is not only defined as a crime under the Rome Statute (reply to its legitimacy further down) as it is mentioned in ICERD art(3): "Article 3 condemns apartheid and racial segregation and obliges parties to "prevent, prohibit and eradicate" these practices in territories under their jurisdiction." This is what the ICJ found Israel in violation of in their 2024 opinion, so it is certainly a crime because interpretation by legal authorities implies it is broad enough to cover citizenship etc. Also see:
"This definition does not make any difference between discrimination based on ethnicity and race, in part because the distinction between the two remains debatable among anthropologists.[18] Similarly, in British law the phrase racial group means "any group of people who are defined by reference to their race, colour, nationality (including citizenship) or ethnic or national origin".
So clearly, according to the most significant use of the term there is apartheid and it can be based on nationality. The individual opinions of the judges do differ a bit on whether it is apartheid (most of them agree there is) but they are all of the consensus that there was racial segregation so it is literally apartheid not xenophobia. The opinion also considered that CERD does not refer to the "crime" of apartheid as interpreted to entail state responsibility and definitionally should be informed by the Rome Statute and Apartheid Convention to prove intent:
"Patrick Thornberry’s ICERD Commentary provides a gradated understanding of both terms, viewing racial segregation as ‘a concentrated form of discrimination through exclusion’, with apartheid representing ‘a further concentration’, displaying additional characteristics of domination integrated into a determinate public policy. Judge Nolte also considered that ‘[r]acial segregation is the broader term, apartheid being the gravest form of racial segregation’."
If not apartheid, it is at minimum systematic racial segregation and can be interpreted as not apartheid due to politicised legal proceedings (the ICJ has not ruled on it despite being asked for at least a decade now) however a literal reading of art(3) entail it to be apartheid and a majority of judges held it to be apartheid a year ago and it has only worsened. Other judges who did not explicitly state it was apartheid merely mentioned that the Court had not ruled on it not that there was no apartheid though Judge Nolte simply said that more evidence for proving special intent is required not that the act had not occurred.
This report does a good job going over the argument proving apartheid and how the entire system (denial of political and civil rights, dual legal system, denial of infrastructure, security state behaviour, settlement expansion, and intent to maintain that land as one caveat to proving apartheid)
Now on "some states do not ratify/recognise the Rome Statute and do not classify apartheid as a crime against humanity." Here it is important to know that certain norms in international law are peremptory norms and thus are foundational to the law, apartheid counts as one of these as mentioned in the ICJ report and it is affirmed as a crime against humanity in the 1976 Apartheid Convention:
"The States Parties to the present Convention declare that apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies and practices of racial segregation and discrimination, as defined in article II of the Convention, are crimes violating the principles of international law, in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security."
Therefore, it does not matter what "some" states say because some law is above the states (peremptory norms) and their ratification of a treaty does not matter as it is legally binding on all (the crime, not the part of state responsibility for it because the ICJ has not ruled on it)
@Trazyn Regarding the UN's bias, I posed my claim to chatgpt and here is what they said https://chatgpt.com/share/68a64906-e818-8010-a3d8-4d60da215a87 You can read it and judge for yourself. By any objective metric, the UN is extremely biased and obsessed with Israel. I can share more evidence if you'd like, but I think what chatgpt wrote suffices here.
You mentioned "other organizations" and how you doubt they are all biased "at the same time." If I told you that the Chinese government, Chinese academics, Chinese NGOs, and Chinese lawyers all said that China was not committing crimes in Xinjiang, you would understandably point out that they are all biased at the same time. NGOs like HRW, Amnesty International, and IPC are all the same group of people who are subject to the same anti-Israel biases as the UN and for the same reasons. They all fall into an ideological echo chamber where Israel will always be villainized in an extremely disproportionate way.
The Gaza Health Ministry is in fact under the control of Hamas.
You wrote "I'd say anyone GUILTY of apartheid, war crimes, and crimes against humanity isn't that far from Hamas." As Richard pointed out, this is absolutely ridiculous. Almost every nation that goes to war commits war crimes. There are massive differences in the types of war crimes that people can commit. It is a war crime to tolerate a somewhat disproportionate level of collateral damage when targeting a legitimate target, and it also a war crime to deliberately massacre a village just for the goal of killing civilians, but these war crimes are not in any way equivalent.
Regarding apartheid, it actually does arguably have a "security exception." The criteria for the crime of apartheid are:
1. Inhuman acts similar to other crimes against humanity must be committed.
2. These acts must be committed in the context of systematic oppression and domination by one group over another group.
3. Both groups must be racial groups.
4. The oppression and domination must be part of an institutionalized regime.
5. The intention of the acts must be to maintain that institutionalized regime of racial oppression and domination.
So the security exception is that, if the acts are committed to maintain security and NOT to maintain racial domination, then it is not apartheid. This is the strongest argument against the claim that Israel is committing apartheid. Another strong argument is that if we are loosening the definition of "racial group" to include national and citizenship-based groups, then it opens up a can of worms to say that apartheid is happening all the time, all over the world (Palestinians in Lebanon, Kurds in Kurdish areas, Tigrayans in Ethiopia, Chechens in Russia, Kashmiris in India, etc). If that is the case, it becomes harder to say that it is actually fundamentally a bad thing rather than rational behavior by governments looking out for their citizens. Lastly, "inhuman acts" and "oppression" are loaded words that require a strong burden of proof.
@ElmerFudd They could allow Palestinians to leave, and pay them to do so. You're acting like they've exhausted all possible options, but that's an option that hasn't been tried.
@TiredCliche I think the issue is that no country wants the large scale immigration of Palestinians. Egypt and Jordan have repeatedly rejected them. Some Western countries have accepted ~1000 of them, but nothing “large”. Basically israel is blocking the exit and at the same time no country (especially the neighboring Arab neighbors ) want to take them in.
@RichardKnoche They have rejected the offer for free. AFAIK Israel has never offered them, or any country, large amounts of money to take the refugees, and large amounts of money for them to leave.
Sure, money isn't everything, and the offer might be refused. But until tis has been tried, it's incorrect to say that she has tried every diplomatic option and failed. I have a high school GED and I thought of that. Seems kind of an obvious idea to me
@RichardKnoche Like, Netanyahu offered safe passage out and $5 mil to anyone who frees a hostage. https://share.google/PDEatxHXEnawT9VMj
The existence of this offer indicates that safe passage out is not freely available, but is within Israel's power. What if the offer was $5,000 and a safe passage out?
It would certainly be more moral than the current strategy, and probably cost less too