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Eli Rosenbaum takes skills honed Nazi-hunting to investigating war crimes in Ukraine
WASHINGTON (JTA) –– During the 35 years Eli Rosenbaum spent hunting Nazis, he always looked up to his forebears in the profession. But it was only recently, as he ventured into Ukraine to track down Russian war criminals, that he felt a personal connection with the investigators who pursued Adolf Hitler’s henchmen in the years following World War II.
For the first time in his career, Rosenbaum was seeking evidence of crimes as soon as, or almost as soon as, they were committed.
“I’m accustomed to working on atrocity crimes when the conflict is over — World War II, Rwanda, Bosnia, Guatemala, et cetera,” he told the Jewish Telegraphic Agency recently. “But in this case, the atrocities are being committed every day.”
Rosenbaum said he has been working “if not 24/7, 20/7” since June, when Merrick Garland, the Jewish U.S. attorney-general, named him to lead the Justice Department’s War Crimes Accountability Team in Ukraine. Rosenbaum had previously spent the bulk of his career in the Justice Department’s Office of Special Investigations, which he directed from 1995 to 2010. The OSI tracked down and deported 70 Nazis hiding in the United States. In 2004, it expanded its purview to track down war criminals from other conflicts who had entered the United States.
Rosenbaum’s current team, he said in congressional testimony in September, “provides Ukrainian authorities with wide-ranging technical assistance, including operational assistance and advice regarding criminal prosecutions, evidence collection, forensics, and relevant legal analysis.”
Rosenbaum rattles off names and events in the evolution of war crimes prosecution in a way that sends a listener scrambling to a search engine. He’s been a war crimes geek since college, when he took a film course and a professor screened Leni Riefenstahl’s Nazi propaganda film, “Triumph of the Will.”
Rosenbaum told his parents about the movie. His father, Irving, a refugee from Nazi Germany who enlisted in the U.S. Army, had been tapped to interrogate Nazis and their enablers after the war because he spoke German.
“I mentioned to my dad that I was taking this course and we had just seen this film. And my father said, ‘Oh, Leni Riefenstahl. I questioned her after the war.’ I [said], ‘Oh, my God. Really?’”
Rosenbaum recalls his father responding, “Yeah, and I have the report on it. Might your professor want to see it?”
As a student at Harvard Law School, Rosenbaum interned in 1979 for the then-just-established OSI, where he spent the next three decades. Garland, in naming Rosenbaum, said that made him a natural fit for the Ukraine job, noting at the time Rosenbaum’s experience in coordinating among different U.S. government departments.
Describing his work to JTA, Rosenbaum repeatedly circled back to the pioneers of war crimes prosecution, among them, Aron Trainin, the Soviet Jewish scholar, and Robert Jackson, the U.S. Supreme Court justice who established the framework for prosecuting Nazis for the “crime of aggression” at the Nuremberg trials, a concept unknown until then.
The relevance of their theories persists, he said, because Russia is not a signatory to the agreement that established the International Criminal Court, making it difficult to prosecute Russians in that body. Instead, Ukraine wants to set up a special tribunal to try Russians, modeling it on the proceedings at Nuremberg.
“We look to Nuremberg routinely, it is the mother of all trials for international crimes,” Rosenbaum said. “It’s in many ways the origin of international criminal law.”
Rosenbaum feels the “crime of aggression” is particularly relevant in the Ukraine case because Russia’s invasion was unprovoked. He described how the “crime of aggression” became, with President Harry Truman’s blessing, part of the canon in international law enshrined in the principles framing the Nuremberg trial, and then in the United Nations charter.
Rosenbaum is awed by Jackson and his intellectual journey.
“There’s an amazing letter that he wrote to Harry Truman, which I just reread the other day, in the course of my Ukraine work, in which he explains to the president why … there’s no precedent for prosecuting aggression. In the old days, this was how nations behaved. They attacked one another and, under international law, they were considered to have equal standing,” Rosenbaum said. “So [Jackson] said that had to end, and he persuaded President Truman, and now we have that crime in international law.”
Rosenbaum says Ukraine proves Jackson’s prescience. He quoted Jackson’s opening statement at the Nuremberg trials: “What makes this inquest significant is that these prisoners represent sinister influences that will lurk in the world long after their bodies have returned to dust.”
Rosenbaum, like Jackson before him, is appealing to the U.S. government to expand its capacity to prosecute war crimes. In his congressional testimony, Rosenbaum described one area of frustration: Unlike crimes of genocide, war crimes must have a U.S. party (as perpetrator or victim) to be prosecutable in a U.S. court.
Eli Rosenbaum, director of the Human Rights Enforcement Strategy and Policy and counselor for War Crimes Accountability at the US Department of Justice, testifies about the war in Ukraine during a Senate Judiciary Committee hearing on “From Nuremberg to Ukraine: Accountability for War Crimes and Crimes Against Humanity,” Sept. 28, 2022. (Saul Loeb/AFP via Getty Images)
“This means that if a war criminal from the current conflict in Ukraine were, for example, to come to the United States today and were subsequently identified, our war crimes statute would not apply, thus potentially allowing that war criminal and others to walk the streets of our country without fear of prosecution,” Rosenbaum said in his congressional testimony.
Another parallel with World War II that has surprised Rosenbaum is that he is getting reports from survivors of Russian atrocities who are gathering evidence in real time. He mentioned two men he admires: Rudolf Vrba and Alfred Wetzler, Slovak Jews who fled Auschwitz and were the first to describe, in a detailed report, the mechanics of the Nazi genocide to the outside world.
“I got to meet Rudolf Vrba, who was a witness for [the OSI] in our very first case that was going to trial — eventually it didn’t go to trial, the defendant gave up — but it was an Auschwitz case in Chicago, and Rudolf came out there,” Rosenbaum said. “It’s just amazing that we have his analogs in people who are gathering evidence, people are escaping from Russian captivity.”
Another pair of Nuremberg trials-era researchers that Rosenbaum names as relevant again are Budd and Stuart Schulberg, Jewish brothers who worked for the OSS, the predecessor to the CIA under legendary Hollywood director John Ford. The brothers tracked down films of atrocities that the Nazis themselves had produced, which the Schulbergs then compiled for presentation at the trials. (Budd Schulberg went on to be a celebrated novelist and screenwriter.)
Rosenbaum is a contributing expert to a just-released hour-long documentary on the brothers, titled “Filmmakers for the Prosecution.”
“The Schulberg brothers really pioneered something that’s extremely important in the history of law enforcement and accountability in courts, [which] is something we take for granted here in the 21st century, and that is the presentation of full-motion film [and] video evidence in courts of law,” he said.
Such evidence-gathering is happening today in Ukraine as well, Rosenbaum said.
“The Ukrainian authorities with which we work very closely have a website onto which the public or to which the public can upload their own videos,” he said. “And now that everybody who has a cell phone, has a video camera…so much evidence of the aftermath of atrocities and even the perpetration of atrocities has been captured via moving images.,”
He says he has been rattled at times by researching war crimes as they happen, especially during his visits to Ukraine.
“It was an unforgettably moving experience to meet our colleagues in the middle of a war in Ukraine,” he said. “One of the senior prosecutors was actually in his military fatigues, because he had taken off briefly from his unit for this meeting, and then he went right back.”
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Michigan’s El-Sayed doubles down: Israel ‘not an ally’
(JTA) — Abdul El-Sayed, the Democratic Senate nominee in Michigan, is doubling down on his view that Israel is not a U.S. ally as the Nov. 3 midterm elections draw closer.
El-Sayed, a vocal critic of Israel who faces former Republican Rep. Mike Rogers in one of the country’s most competitive Senate races, told ABC News on Monday that Israel is “not actually our friend.”
“An ally that takes your money to push you into wars you shouldn’t be fighting is not an ally,” said El-Sayed, referencing Israel’s reported lobbying of the United States to enter into a war with Iran.
He compared Israel with a friend who “keeps bumming off [your kid’s] money” and “talks about them behind their back and then gets them into fights with other friends.”
“What would you tell your kid to do with that friend? You’d probably tell them, maybe it’s not actually your friend,” he said.
El-Sayed made similar remarks in an interview with MS NOW on Thursday, saying that “the government of Israel has done nothing but use us” and “has done terrible things with our money.”
He added that he would continue to question whether Israel was an ally regardless of the outcome of Israel’s election on Oct. 27, as Prime Minister Benjamin Netanyahu, who has served as Israel’s leader for most of the past 18 years, seeks another term.
“Netanyahu is one part of it, but the Israeli military has done heinous things, like heinous things, full war crimes, genocide,” said El-Sayed. “So I think we got to just get serious about whether or not we as a country should be subsidizing that government.”
El-Sayed previously affirmed that he does not consider Israel an ally to the United States in his first bitter debate with Rogers on Oct. 8. The candidates will meet for a final debate on Wednesday.
He told MS NOW that he was “committed to the safety and security” of Jewish voters, some of whom have pressured him to moderate his views on Israel. “Now, we may have differences when it comes to Israel, but the things that unite us are a lot bigger,” he said.
This article originally appeared on JTA.org.
The post Michigan’s El-Sayed doubles down: Israel ‘not an ally’ appeared first on The Forward.
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Trump endorsement of Netanyahu blasted by liberal policy advocates, Democrats
(JTA) — A day after President Donald Trump endorsed Prime Minister Benjamin Netanyahu in the Israeli election eight days from now, U.S. policy analysts, Democratic lawmakers and liberal advocacy groups slammed the decision.
Trump announced his support for Netanyahu, who is running for reelection, in a Sunday Truth Social post that described the Israeli leader as “a Great Warrior Prime Minister” and a critical partner in eliminating the Iranian threat. Netanyahu has been trailing former IDF chief-of-staff Gadi Eisenkot in recent surveys.
Tali deGroot, vice president of political and digital strategy for the liberal Zionist group J Street, described Trump’s declaration as “an endorsement of endless war for Israelis,” in a statement sent to the Jewish Telegraphic Agency. She warned of “endless occupation and control of Palestinian life and land, and Israel’s growing isolation on the world stage.”
“The president is once again acting against the wishes of American taxpayers and choosing to uphold a failed, unpopular foreign policy that has brought devastation to Israelis, Palestinians and countless civilians,” deGroot added.
A spokesperson for the American Israel Public Affairs Committee, meanwhile, said that the lobby had no comment about the endorsement.
David Makovsky, director of the Program on Arab-Israel Relations at the Washington Institute for Near East Policy, criticized Trump’s decision, writing on X that “in one fell swoop, Trump has broken with the longstanding U.S. practice of avoiding explicit endorsements in Israeli elections.” The president, Makovsky added, went a step further by threatening to sever a partnership against Iran if Israelis choose a different leader.
“It is up to the Israeli people to choose their own leader and threatening that the U.S. will walk away from the conflict with Iran is beyond stunning,” Makovksy said.
Makovsky also pointed out that “a Trump endorsement is no electoral guarantee,” noting that Trump and Vice President JD Vance’s support for Viktor Orbán in Hungary did not end in a victory.
“The ultimate test is assembling a 61-seat Knesset majority,” Makovsky added. “Yet Netanyahu appears more focused on preventing an Eisenkot-led coalition from reaching that threshold than on demonstrating a viable path to 61 seats himself.”
Sen. Chris Van Hollen, a Democrat from Maryland, offered another scathing perspective, observing that “authoritarians of a feather flock together.”
“They started a war together,” Van Hollen stated. “They crack down on press freedom together. They lie about everything together.”
Rep. Analilia Mejia, a New Jersey Democrat running for reelection, said that the endorsement “tells us everything we need to know about both of these men.” She then went on to list Netanyahu, North Korea leader Kim Jong Un, Orbán and Russian President Vladimir Putin, adding that “this guy has a ‘type.’”
On the other side of the aisle, Rep. Carlos Gimenez, a Republican from Florida, reposted a video in which Netanyahu thanked Trump for his support. The congressman then added that “America will always stand with the Jewish State of Israel and our dear friend Prime Minister Netanyahu, who has championed our alliance for decades.”
Matt Brooks, CEO of the Republican Jewish Coalition, said he believes that “President Trump is incredibly popular with the people of Israel,” in a written statement to JTA.
“His support will carry considerable weight as Israelis make their choice for Prime Minister in a pivotal election this month,” Brooks added.
American Orthodox Rabbi Shmuley Boteach likewise celebrated the endorsement “by our great President Trump,” writing on X that he has “known and loved BIBI Netanyahu for some 35 years.”
Conservative radio personality Mark Levin described Trump’s Truth Social post as “an extraordinarily strong statement,” while accusing the opposition of “barking about election interference.”
“Trump makes clear it’s also in our national security interest for Netanyahu to remain PM,” Levin stated, calling complaints “unserious and a partisan political whine.”
Conservative influencer Evan Kilgore, on the other hand, fumed at Trump’s decision. Kilgore, whose X profile says “Christ is King,” announced that he is “so done with the GOP,” following Trump’s endorsement of Netanyahu. Kilgore described Trump as “TOTALLY fu*king subverted by Jewish and Zionist interests.”
Political analysts are divided as to whether Trump’s official support would have any sway on the results of an election 6,000 miles away.
Joyce Karam, editor-in-chief of the Washington-based site Al-Monitor, described the endorsement as a signal to both Israel and Iran that renewed escalation and a push for regime collapse could occur after the U.S. midterm elections. She also predicted that Trump’s backing could tip the balance in a tight race where neither side holds a majority.
However, Dov Waxman, director of the Israel Studies program at the University of California, Los Angeles, expressed doubt that support from Trump, who has become less popular in Israel, could significantly influence Netanyahu’s election chances.
“For a long time, most polls have shown his bloc falling well short of a parliamentary majority,” Waxman added.
This article originally appeared on JTA.org.
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Macklemore’s ‘Free Palestine’ tour will benefit group that called Oct. 7 a ‘prison break’
(JTA) — Macklemore, the rapper of hits such as “Thrift Shop” and “Can’t Hold Us,” is facing backlash from Jewish organizations over plans to donate proceeds from his forthcoming concert tour to the Palestinian Youth Movement, which described the Hamas-led Oct. 7 attacks on Israel as a “prison break.”
The rapper was dropped on Sept. 14 from an opening slot on Ed Sheeran’s U.S. stadium tour after making pro-Palestinian remarks onstage. He announced his “Free Palestine” tour on Sept. 24, pledging that all proceeds would benefit organizations supporting Palestinians. PYM is among 12 organizations named as beneficiaries.
The tour includes concerts in Dublin on Oct. 26, Paris on Oct. 29 and London on Oct. 30.
Macklemore received a surge of support after being dropped from Sheeran’s tour, with all of Sheeran’s remaining opening acts quitting in solidarity. He said on Instagram that the “Free Palestine” tour “sold out immediately.”
PYM is a grassroots movement of Palestinian and Arab youth in the United States, Canada and Britain. On Oct. 7, 2024, the first anniversary of the Hamas attacks, the group described the assault as a “prison break” and called the fighters “the men who broke through” in an essay published in The New Inquiry.
“Those fighters had trained for months, and now found themselves stepping foot onto the same hills and plains that their grandfathers and grandmothers had lived upon,” said PYM, without mentioning the killing and abduction of Israeli civilians.
PYM also said a week after the attacks, “Understand Palestinian resistance as fundamentally just and as a means of survival for our people; it will not stop in the weeks and months to come, and you must be prepared not to waver again.”
Jewish and pro-Israel groups have slammed Macklemore for supporting PYM. The Jewish Leadership Council, which represents British Jewish and pro-Israel groups, told The Jewish Chronicle, “When the PYM describes the 7 October massacre as a ‘prison break’, it risks legitimizing violence against Jews.”
The Israeli-American Council, which petitioned Sheeran to drop Macklemore, told Fox News Digital that “Live Nation and the concert organizers must now publicly explain their vetting process and ensure that concert proceeds do not benefit organizations that justify violence against innocent civilians.”
Macklemore, Live Nation and the Palestinian Youth Movement did not immediately respond to requests for comment.
This article originally appeared on JTA.org.
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