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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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The post Eli Rosenbaum takes skills honed Nazi-hunting to investigating war crimes in Ukraine appeared first on Jewish Telegraphic Agency.
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AI, Judaism and what to do about ‘Fully-Automated Luxury Communism’
In the mid-2010s, journalist Aaron Bastani coined the phrase “Fully Automated Luxury Communism,” arguing that automation, AI, and synthetic biology would eventually make work and material scarcity essentially obsolete. Eventually this idea became a manifesto envisioning a post-scarcity, post-capitalist world.
The Internet took notice, and by the summer of 2015, Bastani’s earnest manifesto had spawned millions of trollish variations (including my personal favorite, “Fully Automated Luxury Gay Space Communism” — the ‘gay’ and ‘space’ parts pointing to different ways to deal with overpopulation on Earth). As such things usually are, the memes were half-joking, half-serious, pointing both to a utopian vision of the future and to the impossibility of ever achieving it.
Eleven years later, though, the utopia may be at hand — though, as we’ve all heard by now, it could be more of a dystopia.
We’ve all read the takes: AI is taking our jobs, data centers are polluting the heartland, and, oh yeah, there’s a 10% chance that rogue AI agents will wipe out life on Earth. Of these three very different risks, Mira Fox recently wrote about the third from a Jewish perspective, and many pundits have commented on the second. I want to focus on the first one — on what happens to society when the value and availability of work changes so radically,and on how Jewish traditions may end up being of value.
On, in other words, Fully Automated Luxury Jewish Communism.
Let’s start in the present, when, as AI boosters are fond of saying, LLMs are the least-capable that they will ever be, yet have already radically altered the fields in which my husband and I both work. Jobs are already disappearing and highly qualified “white collar” workers are finding it harder and harder to get new ones. I’d guess that 90% of the work I did as a young lawyer could be done by 2026-level LLMs, with review by a senior attorney. And that’s today.
It is, at best, extremely unclear how our society is supposed to cope with the economic and social-spiritual-psychological consequences of this.
Economically, most AI-boosters say we’ll need some kind of Universal Basic Income (UBI) to support all those laid-off actuaries, coders, call center operators, researchers, and technical writers. Never mind that many of these same AI boosters are libertarians opposed to the state doing anything at all, and that many others are contributing mightily to Republican politicians who are opposed even to raising the minimum wage or expanding healthcare coverage. These are the politicians who will usher in UBI socialism for all?
But the question is deeper than economics. When the work you do is done by a machine, who are you?
After all, work isn’t just about putting food on the table; our identities are often tied to our jobs, and, more generally, to our capacity to provide for ourselves and our families. (For traditionalists, much of this is still gendered — men do the providing — but not for most progressives.) Even if our material needs are somehow met by UBI and the explosion in productivity that AI is supposed to bring about, what about our non-material needs: our need for purpose, meaning and identity?
Lest this sound vague or ‘soft,’ consider that what philosopher Jon Vervaeke has called the ‘Meaning Crisis’ animates much of our contemporary politics today. MAGA populism is, in large part, a response to the erosion (real or perceived) in American conceptions of communal identity, economic opportunity, gender roles, and religion – i.e., the Meaning Crisis. Yes, much of MAGA’s resentment is driven by economics: by the hollowing out of the American middle class in the wake of globalization and other factors. And a lot of it is driven by racism. But much of it is also about meaning: what it means to be an American, to be a man, to be white, to be Christian. And Donald Trump has brilliantly, intuitively channeled the rage at those societal changes into a hopeless, nihilistic patriotism — the Lost Cause for the 21st century.
The point is, “soft” concerns often drive our politics. Sure, it’s the economy, but also what economic dislocation means to people who experience it. And that meaning is as much spiritual, for lack of a better term, as it is financial.
From my vantage point, as a rabbi/journalist/psychedelics scholar/meditation teacher, it seems obvious that we are headed for a collective crisis even more massive than the ones we have already experienced. In a sense, AI is to white-collar work what globalization, de-unionization, and technology was to blue-collar work. Twenty years ago, it was the factories that were closing. Now, it’s the law offices cutting back on hiring. What is supposed to happen next?
From that same vantage point, it seems equally obvious that, as a society, there will need to be significant reorientation toward non-economic forms of value. Of course, these exist already: people find meaning in family, religion, culture, creativity, sports, hobbies, and a thousand other interests. It’s not like we’re starting from scratch. But consider how many people in your life (present company included) also derive meaning from work, and what will happen when that is taken away.
Religion, in its broadest possible sense, will almost certainly grow in response. Already, we’ve seen some of this in conservative quarters — converts to Catholicism like JD Vance and Peter Thiel, for example, or even the broad religiosity of Joe Rogan. But Capital-R Religion’s price of admission may be too high for many people: belief in God, conservative ideas about gender and sexuality, and all the myths and stories that seem preposterous if taken literally.
But there is also what I’ve called lower-case-r religion: forms of communal, ethical, and spiritual cohesion that are less about God, dogma, and obligation and more about the sacred in everyday life, rituals that bring us together, and practices that help us to grow ethically and spiritually.
In other words, what a lot of liberal Judaism, at its best, is already about.
A majority of non-Orthodox Judaism is already what Rabbi Amichai Lau-Lavie has called “God-optional” — it may have some general notion of the universe as sacred (I once wrote a book about that), and may maintain traditional God-language in liturgy and text, but it’s not focused on belief in an old man in the sky or obedience to Him for fear of punishment. Rather, as I wrote about in these pages in 2009, it’s focused on what religion does: how it can nourish the soul, teach ethical values, mark the passages of time, and bring people together in communities of meaning.
DZ Kalman, a leading theorist on Judaism and artificial intelligence, told me that “neither Judaism nor any other religion has a ready-to-hand answer for what to do when a chunk of the world’s jobs is suddenly no longer necessary. We have thoughts about the value of work, but those ideas are premised on a world where human labor is necessary to keep society running. We are not yet ready for a ‘time that is wholly Shabbat,’” a metaphor for the messianic age.
Yet, Kalman continued, “Shabbat is fundamental here. Humans can simply be; AI (for the moment) cannot. We as a society are not good at championing the value of presence, which is core to the Shabbat experience.”
But soon, we are going to have to be. Because what is “fully-automated luxury Jewish communism” if not a time that is wholly Shabbat?
What “religion” looks like in its particulars will vary with every person who experiences it. For some, it may mean a recommitment to seemingly non-religious activities: rescuing animals is ‘religious’ in this sense, as is throwing elaborate parties, seeing films, writing poetry, or, of course, raising a family. For others, it may well be the full traditional package, which excels at providing holistic systems of meaning. And for me, it will continue to mean a combination of spiritual practice (meditation, psychedelics, ritual), family life and political activism. Judaism and Jewishness already encompasses all of these things; just peruse the weekly schedule of a mainstream suburban synagogue, and you’ll find most of them already.
Personally, among those various possibilities, I’m interested in whether we’ll see a Jewish ‘archaic revival’ — a term coined by psychedelic theorist Terrence McKenna to describe a resurgence in ‘primitive’, non-rational ways of relating to the great mystery of the human condition. I’m excited by that possibility, which will likely be accelerated by psychedelics in particular (if you haven’t yet, please read the ‘Jewish Journeys’ study which showed how psychedelic experience super-charged people’s interest in spirituality). There are plenty of risks as well: Contrary to hippie myths, spirituality does not make one more politically liberal, and often makes people more particularistic. But I’m intrigued by an embodied Judaism newly revitalized to meet the needs of a post-work future.
Of course, that’s only one Jewish path, and not the most popular one. The broader point is that as work recedes in importance and society faces radical and destabilizing changes, we are going to need more and better ways to understand ourselves, our communities, and our world.
Which, for all its shortcomings, Judaism has been exploring for around 3,000 years.
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Israel-bound flight diverted to Saudi Arabia after terror attack on board
(JTA) — A Flydubai flight from Dubai to Tel Aviv made an emergency landing in Saudi Arabia after passengers reported that an altercation broke out between two pilots. Israeli officials are describing the incident as a terrorist attack and passengers say they intervened to restrain a man who had attacked one of the pilots.
The flight, carrying more than 100 Israeli passengers, was diverted while flying over Jordanian airspace and eventually landed at Tabuk Airport in northern Saudi Arabia, an Israeli official to the Jewish Telegraphic Agency.
An Israeli official briefed the media and was quoted by Israel’s Channel 12 as saying that one pilot stabbed the other and attempted to “do a 9/11” — either by hijacking the plane and flying it toward Israel or crashing it. The official said that a “dramatic disaster was prevented.”
According to accounts from passengers posted on social media and reports by Israeli media, the co-pilot attacked the captain and attempted to take control of the aircraft. At least two people were injured in the incident. The entire incident lasted about an hour and a half.
“We are on the flight from Dubai. We took control of the flight. There was an attacker with a knife who stabbed one of the pilots,” passenger Itzhak Liber said in a Facebook video. “A few of us jumped in and pulled him out of the cockpit. Everything is OK now. The terrorist is neutralized. There is a pilot who is seriously injured.”
“It was tough. Everything is covered in blood,” Liber added.
Another passenger, appearing in a video posted to social media with blood visible on his face, said the passengers were in the middle of a hijacking and had restrained the attacker as the plane prepared to land. In another video, several passengers said they were protecting the pilot.
A third passenger told Israel’s Channel 12, “There were moments when we were sure this was the end.”
Saudi authorities said the two pilots were taken to a hospital after sustaining injuries, according to international media reports. Flydubai, which is owned by the United Arab Emirates, has acknowledged that there was an “incident” that led to the diversion of the flight. It stressed that the plane landed safely and that all passengers were safe. UAE officials had not commented on the incident as of publication.
Data from Flightradar24 showed the aircraft descending roughly 14,000 feet in less than 30 seconds during the incident. The plane subsequently diverted from its route and landed in Tabuk.
The office of Israeli Prime Minister Benjamin Netanyahu said he had held consultations and was monitoring developments. “Following concerns over an aviation incident, the prime minister held consultations on the matter and followed developments,” Netanyahu’s office said. “The incident is under control, and all measures are now being taken to return the Israeli passengers safely to Israel.”
Israel and Saudi Arabia do not have formal diplomatic relations, but the two countries maintain ties. This is not the first time a flight carrying Israeli passengers has landed in Saudi Arabia.
Israeli Finance Minister Bezalel Smotrich said in a post on X that there had been an attempt to “crash” the aircraft and “murder 180 Israelis.” He called for Israel to hold accountable the “state or terrorist organization” responsible for the incident.
This is a developing story.
This article originally appeared on JTA.org.
The post Israel-bound flight diverted to Saudi Arabia after terror attack on board appeared first on The Forward.
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Far-right Israel critic James Fishback likens abortion to the Holocaust
(JTA) — James Fishback, a fierce critic of Israel and a far-right politician, offered scathing remarks about the Jewish state and likened abortion to the Holocaust during an address at the University of Mississippi on Tuesday evening.
Fishback, a former GOP gubernatorial candidate in Florida, recalled that earlier this summer the Combat Antisemitism Movement flagged as antisemitic one of his X posts describing abortion as a holocaust.
“Abortion is a holocaust, and by every single historical metric available, it was worse than the other one,” Fishback said, claiming that “61 million children have been killed in the womb since Roe v. Wade was wrongly decided in 1973.”
He also had harsh words for the state of Israel. “It is time for President Trump to call [Prime Minister] Benjamin Netanyahu and cut him off. We must decouple from Israel to save America,” he added.
Fishback was speaking at a Turn Up the Mic forum arranged by members of the University of Mississippi chapter of Turning Point USA, the organization founded by the late Charlie Kirk.
Slamming immigration policies on both sides of the aisle — Republicans for too few mass deportations and Democrats for an influx of foreign workers — Fishback declared, “It’s time to stand up and tell both parties that no, American jobs are for Americans only.”
He noted, however, that making such demands could result in a person being labeled a racist or misogynist, and that “if you’re really bad they’ll call you an antisemite.” Stressing that he condemns “all forms of religious hatred,” he maintained that “the most virulent” type is the hostility “against Christians in this country.”
Fishback blamed Israel and the inability of the U.S. to “tell them no” for drawing the country into the war with Iran. That war, he argued, has pushed gas prices and Treasury yields higher.
This article originally appeared on JTA.org.
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