´Use of soldiers in evacuations illegal´ (JERUSALEM POST) By DAN IZENBERG 02/02/05)
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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
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
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)
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