AG orders prosecution to probe calls for civil disobedience

Attorney General Menachem Mazuz ordered the state prosecutor Monday to launch a probe into a recent leaflet distributed by settlers' leader Pinhas Wallerstein, in which he called on the public to disobey the disengagement law, even at the cost of a prison sentence.

Wallerstein is a fierce opponent of Prime Minister Ariel Shaorn's disengagement plan, which entails the evacuation of all the settlements from the Gaza Strip, as well as four isolated settlements in the northern West Bank.

Mazuz reached the decision after discussions with State Attorney Eran Shendar and other senior officials in the Justice Ministry.

Meanwhile, the Yesha Council of Settlements decided Monday to back Wallerstein and join his calls for civil disobedience as means to fight the pullout from the Gaza Strip and the evacuation of settlements.

The council stressed, however, that any tactic which could result in a civil war or calls for violence should be avoided.

"The Yesha Council stands behind Pinhas Wallerstein," said Bentzi Lieberman, the council chairman. "The proposal to expel Jews from their homes is immoral, tramples human rights and is in direct opposition to the primciples of democracy."

The prosecution's probe is meant to establish whether Wallerstein's calls constitute incitement. Upon its completion, the prosecution will decide whether to launch a criminal probe.

Knesset members and the Peace Now organization on Monday urged Mazuz to launch a criminal investigation in Wallerstein's comments.

"I hope that Pinhas Wallerstein will realize the weight given to things said by an elected official, and I hope that the Yesha Council will show responsibility and distance itself from these statements," Mazuz told reporters Monday.

Prime Minister Ariel Sharon said Monday that citizens must uphold the law despite the difficulty of the evacuation, and described Wallerstein's statements as "harsh."

Wallerstein stressed Monday that his call to disobey the disengagement law was not extended toward the military and security services.

On the other hand, the head of the Gaza Shore regional council, Avner Shimoni, said that disobeying military orders to evacuate was legitimate, but added that "it shouldn't be done as part of an organized effort, rather each soldier guided by his own conscience."

'Illegitimate' governmentHe charged that the soon-to-be-established coalition government is "illegitimate," saying, "All the gaps between Likud and Labor are being bridged by one desire: to uproot settlements and expel Jews from their land."

"If anyone had tried to pass a transfer law like this about an Arab village, no matter how hostile, all the champions of justice and human rights would have immediately risen to protest and cried out to heaven," said Wallerstein. "But when it comes to residents of Yesha, there is no justice and no rights."

This is the first time that the Yesha Council, which represents the settlement establishment, has backed civil disobedience, though this tactic has long been advocated by other right-wing organizations, such as Zo Artzeinu and Women in Green. These organizations have spoken for years of the need to oppose any evacuation of settlements via mass civil disobedience.

"I see the comments as harsh comments," Sharon told reporters Monday. "The law must be kept."

"I understand the pain," he said. "For me also, the developments are painful, but they are necessary. I'm confident we will take all steps so the law will be kept. The disengagement will be implemented according to the schedule the government decided upon and which the Knesset approved by a large majority."

In response to Wallerstein's statements, acting Justice Minister Tzipi Livni (Likud) MKs from Likud, Labor and Yachad called on the attorney general to launch an investigation.

"We should not be confused," Livni told Israel Radio. "There is the group that pays the price of the evacuation, which is 100 percent painful for them. But the entire Israeli society will have to pay" for this type of letter, she said.

Likud MK Ehud Yatom called on Wallerstein to retract his comments, saying that if he doesn't, Mazuz should check whether there has been a violation of the law.

Labor MK Ophir Pines-Paz said Wallerstein's comments constitute incitement to rebellion and said Mazuz has "no legal choice besides trying him."

Peace Now also called on Mazuz to order a criminal investigation.

"After walking a tightrope, the heads of the Yesha Council decided to openly and declaratively violate the law and try to shake the democratic foundation upon which the state of Israel is based," wrote Peace Now secretary-general Yariv Oppenheimer.

"The settler leaders were and remain a group of bullies that don't respect the law," Oppenheimer told Army Radio. "Sitting quietly will allow the anarchy to continue and will encourage revolt."

But MK Benny Elon, a former minister of the right-wing National Union party, said public leaders have the right to warn against the dangers of the disengagement plan.

Yahad MK Ran Cohen also harshly criticized the settlers Monday, accusing Wallerstein of "a declaration of war."

"I think this was a call for rebellion that will lead in the end to political murder," he said.

In 1995, Labor prime minister Yitzhak Rabin was assassinated during a peace rally in Tel Aviv by an ultra-nationalist Jew opposed to his peacemaking efforts with the Palestinians.

	Binyamin Council leader Pinhas Wallerstein announced the group's new strategy to combat the disengagement plan. (Archive)