The state prosecutor's office has told the High Court it will create an investigative committee to look into the killing of Arab civilians in the IAF's elimination of Hamas kingpin Salah Shehade in 2002. The decision to create the committee was apparently reached without consultation with any of the relevant ministers, and without their knowledge.

The decision making process was exposed by Minister for Strategic Threats Avigdor Lieberman in last week's session of the government's Diplomacy and Defense Cabinet and was reported in Monday's issue of the daily Ma'ariv.

On June 17th, the High Court instructed the state to inform it within 45 days if it intended to create a committee of inquiry to look into the IDF operation, in which a one-ton bomb was dropped on the Gaza house where Shehade was staying. Fourteen Arab civilians were reportedly killed, and then-IAF commander Maj. Gen. Dan Halutz was harshly criticized for the attack by Israeli media personalities. Eight of those killed along with Shehade were reportedly children.

Pacifist petition

The matter reached the High Court following a petition presented by pacifist movement Yesh Gvul, represented by attorney Avigdor Feldman. Last week, the prosecution told the court that it agreed to establish the committ

Lieberman angrily asked: "Who knows anything about this?' Friedmann answered: "I know nothing about this."

ee of inquiry.

In the cabinet session, Minister Lieberman angrily asked: "Who is 'the state,' who here gave its agreement, and who knows anything about this?" Justice Minister Daniel Friedmann answered: "I know nothing about this."

Prime Minister Ehud Olmert also said he hadn't known about any agreement, and Defense Minister Ehud Barak said: "I did not know about it, and I vehemently object to the establishment of such a committee." Barak also said that he planned to refuse IDF officers permission to appear before the committee and said that he would be willing to personally appear before the High Court and explain whatever needed explaining, if that was what it took to keep security personnel from having to testify.

Lieberman responded by saying: "It is simply unbelievable that none of the relevant ministers even knows that the state agreed to create such a committee, and this is no way to run a country."

'Soldiers will need lawyers'

The Attorney General, Menachem Mazuz, spoke up at this moment and explained that the prosecution had consulted with the IDF Chief of Staff and the Head of the SHABAK (General Security Service) before delivering its answer to the court. After the fact, he said, detailed explanations were given to the Prime Minister and Minister of Defense. The committee, he said, would not be conducting a judicial or criminal procedure, but would simply be a technical committee that could give professional recommendations and operational conclusions.

On Sunday, Defense Minister Barak told Maariv that he still opposed the committee's establishment. "It is unthinkable that IDF soldiers will go on operational missions, risk their lives and on the way back have to arrange for a lawyer. The state has to give full backing to the IDF's fighters and officers. No quasi-judicial committee should investigate IDF activity unless it involves illegal action or an illegal order. And if that is the case, then they should turn to the political tier and that is why I am willing to appear before the High Court."

Binyamin Ben-Eliezer, who was the minister of defense at the time of Shehade's elimination, shares Barak's point of view. "This is a very dangerous precedent. We are at war, there are casualties, the IDF's operations must not be opened up to oversight by such committees. Shehade was an arch-murderer. He was on the crosshairs four times. Thrice I did not give the green light because there were children and innocents around him. The fourth time I okayed it because nobody knew there were people in the adjoining building."

Justice Minister Friedmann is also reportedly piqued by the prosecution's decision and believes it is further proof that the Supreme Court has taken too much authority for itself.

Friedmann's position reflects that of noted US Jurist and legal scholar Robert Bork who after extensive research on the Israeli court system wrote that the Israeli Supreme Court has usurped more power to itself than any other in the western world. Bork called the Israeli supreme court the greatest threat to democracy."

Shehade: master of terror

Shehade was one of the founders of Hamas and the commander of its "military" wing. Israeli security officials have stated that Shehade planned, developed and cultivated Hamas' terrorist infrastructure. He stood behind the creation of the Hamas field-command and was instrumental in helping Hamas arm itself with advanced weapons, such as anti-tank missiles.

Shehade was closely associated with most of the terrorist activities in the Gaza area, in planning them himself or in their approval. He was directly responsible for hundreds of attacks committed against Israel's citizens and its security forces during the two years before his elimination. He established a "youth wing" within Hamas that provided training for youth to go on suicide missions and lobbied for religious approval for use of women and young girls as suicide terrorists.