Two retired senior IDF officers and an IAF navigator in the active reserves petitioned the High Court of Justice on Wednesday against the government decision to use soldiers and policemen to evacuate the settlers in the Gaza Strip and northern Samaria in the framework of the disengagement plan.

"Making use of the army to evacuate the settlers is a violation of the Basic Law: Army, according to which the IDF is to be used solely in order to defend the state," Col. (Res.) Yehoar Gal told The Jerusalem Post.

According to Gal, "I took an oath when I joined the army which included the words ´I will dedicate all my efforts and even give my life to defend the homeland and Israel´s freedom.´"

Gal, 55, who still flies sorties, petitioned along with Brig.-Gen (Res.) David Hagoel, a former commander of Judea and Samaria, and Col. Gideon Alshur (Altshuler.) They are represented by Tel Aviv attorney Haim Misgav.

Misgav wrote in his petition that 18-year-old Israelis give up much of their personal freedom and autonomy when they join the army. According to the Basic Law: Human Dignity and Freedom, depriving an Israeli citizen or resident of his freedom can only be done for a worthy purpose and one in which there is a proper proportion between the end achieved and the injury caused to the basic right.

In the case at hand, the government decided to withdraw from the Gaza Strip and northern Samaria on the basis of its residual rights, said Misgav. These rights do not override the individual´s constitutional rights.

Gal said the government was not legally authorized to use the army for political and diplomatic aims. "There is no example in the entire Western world of such a widespread use of military power for purposes that are not connected to its basic aims," he charged.

Gal, who lives in a moshav near Hadera, said he was against refusing military orders, but wanted to make sure that the orders he received were legal. (© 1995-2004, The Jerusalem Post 02/02/05)