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Barak mulls legality of artillery fire at population centers
By Barak Ravid and Yuval Azoulay
Tags: stipends, survivors 

Defense Minister Ehud Barak is considering the use of artillery against populated areas of the Gaza Strip from which Qassam and Katyusha rockets are fired at Israeli communities.

Barak will meet with other officials today in order to examine the legal aspects of artillery and air attacks against populated areas of Gaza. Among those participating in the meeting will be Justice Minister Daniel Friedmann, Attorney General Menachem Mazuz, Military Advocate General Avichai Mandelblit, the Defense Ministry's legal advisor and officials from the Foreign Ministry.
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"Artillery fire is another tool that will be used by the defense establishment to reduce the rocket fire against Israel," a security source predicted yesterday. The source described this as "another step before embarking on a major operation" in Gaza.

Many ministers have openly expressed their support for the use of artillery against areas from which rockets are fired. Among them are Vice Premier Haim Ramon (Kadima), Shas Chairman Eli Yishai and Ami Ayalon (Labor).

During yesterday's cabinet meeting, Ramon asked why the Israel Defense Forces are not employing artillery against rocket launch sites. "According to international law, this can be done," Ramon said. "During the Second Lebanon War, it was clear that if they shot at us from inside a village, we were allowed to shoot back, even if the area was populated."

In response, Barak asked Friedmann to explore the legal aspects of the issue. He has also asked the Defense Ministry's legal department to examine this idea, with particular emphasis on the legal angle. The Defense Ministry's legal advisor will present his initial conclusions at today's meeting, and the other participants will be asked to comment.

The IDF has used artillery against Qassam launch areas in the northern Gaza Strip in the past. However, the shelling caused many casualties among innocent civilians who were nearby at the time, which led Israel to declare a moratorium on this tactic.

Nevertheless, the security source said, "at the end of the day, those responsible are the ones firing the Qassams: If they shoot from a populated area, civilians are also liable to get hurt. Ultimately, our responsibility is to safeguard Israeli citizens."
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