One of the Prime Minister's chief motivations for implementing the disengagement from Gaza may be illegal under international law, according to Attorney-General Mazuz.
Prime Minister Sharon said yesterday, as he has said in the past, that if the Arabs of Gaza continue to rocket Israel with Kassams and mortar shells even after Israel withdraws, "we will blast them right back." Attorney-General Meni Mazuz responded that this could be illegal - thus removing some of the rationale for the disengagement in the first place.
The exchange between Sharon and Mazuz occurred at yesterday's Cabinet meeting. When the Prime Minister said that Israel would have to fire artillery in response to continued post-withdrawal rocket attacks on Jewish towns, Mazuz said that such a response, if it harms civilians, is liable to be considered a war crime. The Attorney-General said that this could lead to very sharp international steps and sanctions that Israel might not be able to withstand.
Sharon then retorted, "When they blow themselves up on our buses, that's not a war crime?" He clarified, however, that Israel would not target civilian populations, but only the terrorism centers.
Just a month ago, at a Likud Party convention, Sharon listed the advantages of his disengagement plan, including: "US recognition of Israel's right to self-defense in every place, including areas we withdraw from, and to retain our power of deterrence against all threats." According to Mazuz, however, this is no longer totally applicable.
Nearly two months ago, Sharon told the Cabinet, "We need to make it clear from now on that if they fire shells at us [after our withdrawal], we will fire shells at them. We will not accept a situation where we are shelled and do not respond in kind." Mazuz nixed this option today.
GSS Chief Avi Dichter said at the above meeting, "Just as we have to enter Gaza today after Kassam firings, we will have to do the same thing after disengagement." It is not clear if this, too, is still an option, in light of Mazuz's remarks.
Prime Minister Sharon said yesterday, as he has said in the past, that if the Arabs of Gaza continue to rocket Israel with Kassams and mortar shells even after Israel withdraws, "we will blast them right back." Attorney-General Meni Mazuz responded that this could be illegal - thus removing some of the rationale for the disengagement in the first place.
The exchange between Sharon and Mazuz occurred at yesterday's Cabinet meeting. When the Prime Minister said that Israel would have to fire artillery in response to continued post-withdrawal rocket attacks on Jewish towns, Mazuz said that such a response, if it harms civilians, is liable to be considered a war crime. The Attorney-General said that this could lead to very sharp international steps and sanctions that Israel might not be able to withstand.
Sharon then retorted, "When they blow themselves up on our buses, that's not a war crime?" He clarified, however, that Israel would not target civilian populations, but only the terrorism centers.
Just a month ago, at a Likud Party convention, Sharon listed the advantages of his disengagement plan, including: "US recognition of Israel's right to self-defense in every place, including areas we withdraw from, and to retain our power of deterrence against all threats." According to Mazuz, however, this is no longer totally applicable.
Nearly two months ago, Sharon told the Cabinet, "We need to make it clear from now on that if they fire shells at us [after our withdrawal], we will fire shells at them. We will not accept a situation where we are shelled and do not respond in kind." Mazuz nixed this option today.
GSS Chief Avi Dichter said at the above meeting, "Just as we have to enter Gaza today after Kassam firings, we will have to do the same thing after disengagement." It is not clear if this, too, is still an option, in light of Mazuz's remarks.