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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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At the Vatican, two elderly men — one Jewish, one Catholic — exchange gifts and mutual admiration

On Wednesday, two senior citizens, Robert Zimmerman, 85, a Jew originally from Minnesota, and Robert Prevost, 71, a Catholic of Chicago, had a brief meeting at the younger man’s office in central Italy.

Sources on the scene report that Zimmerman was in town for business and Prevost, who goes professionally by Leo, had recently cited Zimmerman’s work in the preface to a book about nuclear disarmament.

Both men dressed in uniform, looking a bit Spy Vs. Spy, with Zimmerman in a black hoodie and Prevost in white with a small white skull cap. The confab was brief, a bulletin from Prevost’s workplace reported, consisting of “greetings and a few lighthearted exchanges.”

Prevost gifted Zimmerman with prayer beads, and Zimmerman presented Prevost with a copy of his memoir, published under his pen name, Bob Dylan.

While Zimmerman was raised in a Jewish home, he had, for a time in the late 1970s to early 1980s, converted to born-again Christianity, confounding many.

The post At the Vatican, two elderly men — one Jewish, one Catholic — exchange gifts and mutual admiration appeared first on The Forward.

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The Michigan Senate race showed the exact wrong ways to fight antisemitism

The campaign against Abdul El-Sayed was example after example of how not to fight antisemitism—a display of conflation, double standards, and bigotry that we need to learn from and reject if we hope to ensure Jewish safety and security in a pluralistic society.

El-Sayed won his election Tuesday with 52.5% of the vote. He won despite an ugly campaign that alleged that he was not only critical of Israel but antisemitic, and that he does not care about or consider Jewish safety, and in which he was repeatedly asked to prove his sincerity on Jewish safety while also being attacked for running for office while being Muslim.

El-Sayed is not above criticism and questions from Jews just because he is a Democrat and most Jews vote for Democrats. It is right and appropriate that Senate candidates have to answer questions about antisemitism. El-Sayed did campaign with Twitch streamer Hasan Piker in the primary, and Piker did liken Zionists to Nazis, and many Jews in Michigan and elsewhere are Zionists; it is appropriate for El-Sayed to be asked about that.

It is also fair for a candidate who is vocal in his criticism of Israel to be asked how he’ll work to ensure the safety of his Jewish constituents, since we know that there is at least a correlation between anger at Israel and violence directed toward Jews. After West Bloomfield, Michigan’s own Temple Israel was attacked, El-Sayed did say, “hurt people hurt people,” and though he was referring to a specific event—the perpetrator’s family was reportedly killed in an airstrike in Lebanon—it is understandable that he was called upon to explain his own remarks to upset Jewish families in his state, whom he is also charged with representing in Congress.

From this point, however, the campaign against El-Sayed developed in several ways.

For one thing, when critics make demands of politicians, they need to actually allow those politicians to meet them. Yet despite distancing himself from Hasan Piker (“a Twitch streamer,” as he repeated to reporters), speaking repeatedly about how and why he took the safety of Jewish Michiganders seriously, and apologizing at length for his “hurt people hurt people” comment, El-Sayed was treated in the media and by his political opponents (and by some Democrats) as suspect and insincere.

These same questions were not asked of his opponent, Republican Mike Rogers, whose student outreach team included someone who defended a Young Republicans group chat praising Hitler.

If El-Sayed had to speak repeatedly about Piker, why did Rogers not have to answer whether he accepted the view of the U.S. president—who like Piker, joined his preferred candidate on the campaign trail—that any Jew who voted for El-Sayed was crazy and should be ashamed of themselves? (This was not a one-off missive, but the latest in the long line of Trump comments insisting on American Jewish responsibility to be loyal to Israel by voting for him, Donald Trump.)

Why wasn’t Rogers grilled on what he made of comments by Ohio’s U.S. Senator Bernie Moreno implying that senators should have to believe in Jesus, a remark that if rendered policy would impact El-Sayed and also, say, every Jew in public office?

The discrepancy suggests that reporters, pundits, politicians, and Jewish leaders do not take antisemitism seriously from all corners, and in fact that they consider it worse and more suspect from a Muslim American who criticizes Israel than a Republican who doesn’t.

Worse, still, is that that Republicans trafficked in vile anti-Muslim hate throughout the campaign. Rozina Ali, author of Seasons of Fury: Four Families and the Rise of Islamophobia in America, wrote on X on Tuesday, “Islamophobia appears to be on the ballot in Michigan, in an unprecedented way.” These tropes weren’t new, Ali explained, but they were at a fever pitch this election, with El-Sayed dubbed a “jihadist leprechaun” by a sitting Senator. The vice president of the United States said El-Sayed has “zero attachment to this land.”

Too often, Jewish leaders and institutions met this rhetoric with silence, or even encouragement. As I argued last week, dual loyalty narratives against one population just make the voting public more comfortable with the trope being used against other groups, including Jews. Moreover: Silence is not going to build solidarity from non-Jews, and Jews — just 1.4% of voters in Michigan and two percent of this country — are not going to fight antisemitism on our own.

Finally and troublingly was the willingness of El-Sayed’s primary opponent, Haley Stevens, to claim that it was Jewish safety that motivated her public questioning of El-Sayed (notably over an ad that his campaign did not put out) and her eventual flip to campaigning and voting for Rogers. Stevens is a staunch supporter of Israel and was backed by AIPAC. However, she is not Jewish (though she said she is considering converting), and yet spoke repeatedly as if she had authority on what Jewish voters in Michigan wanted to hear from El-Sayed. But she was not an emissary from Jewish voters, who are not a monolith — and 60 percent of whom, per one exit poll, voted for El-Sayed.

What can we learn from this race? First, conflating criticism of Israel and calls for more challenging policies toward Israel with attitudes toward Jewish voters needs to stop, even or especially while understanding that anger toward the country can be channeled against the people here.

Candidates of both parties, regardless of their positions on Israel, need to be held accountable with demands for real answers on what they will do for the well-being of all of their constituents, including Jews, and including when those stumping for them challenge the idea of full Jewish participation in civic life.

Jewish voters need to reject the idea that Islamophobia and antisemitism are somehow at odds with each other, and that it costs us something to call out hatred of Muslim Americans when in fact, so often, we are on the same side of racist hatred. (On Tuesday night, X was filled with posts blaming Jews for El-Sayed’s victory and bemoaning what it meant for American culture.)

And reporters, pundits, politicians, Jewish leaders, and for that matter Jewish voters need to stop speaking about Jewish voters on antisemitism and Israel as though all of us understand the intersection of these issues in the same way or want to hear the same things about them from politicians.

Since Abdul El-Sayed will be in the Senate starting in January, we will soon have ample opportunity to put these lessons into practice.

The post The Michigan Senate race showed the exact wrong ways to fight antisemitism appeared first on The Forward.

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Trump’s midterm defeat changes the equation for Netanyahu and Israel

The Republican rout in the U.S. midterm elections may have consequences far beyond America’s shores. The most immediate impact could be in Israel, where the struggle to translate Benjamin Netanyahu’s electoral defeat into a change of government is entering its decisive stage.

In the week that has passed since the Israeli election, there was much anticipation that Trump might intervene to rescue his longtime ally. He endorsed Netanyahu, suggested that Israel’s security depended on his continued leadership, and hinted that renewed war with Iran depended on his victory (seeming to believe, perhaps falsely, that Israelis yearn for this). There was speculation that he might pressure opposition leaders into joining a unity government headed by Netanyahu, reversing the political meaning of Israel’s election.

Now the American electorate may have changed the equation.

The Democrats’ sweeping gains, which enabled them to seize decisive control of both houses of Congress, represent a substantial repudiation of Trump’s administration. The president retains enormous authority over foreign policy and national security – but in January he faces a hostile Congress, increased scrutiny of his decisions and a political environment even less hospitable to another Middle Eastern military adventure.

There is a counterintuitive possibility, of course: Trump might conclude that the period before the new Congress takes office offers a final opportunity to strike Iran. A weakened president is not necessarily a restrained president, and yet another unpopular war, especially one suspected of serving Netanyahu’s political interests, could deepen the backlash against Trump at home as Republicans are already looking fearfully at 2028.

It’s reasonable to think that many of them would not want to be associated with a strong-arming of Israel’s opposition in order to rescue Netanyahu, who is, fairly or unfairly, scarcely less toxic in the United States these days than Vladimir Putin.

The larger point: Trump’s political leverage has diminished. His presidency has an expiration date, and the American political system is already beginning to look beyond him. This will offer headwinds to those Israeli politicians who argue that a government that could serve for years should be cautious about treating the preferences of a politically weakened American president as decisive.

That is an especially potent thought on Wednesday, as Israeli President Isaac Herzog begins consultations with Israel’s newly elected parliamentary factions.

Israel’s election produced a clear numerical result: Netanyahu’s bloc won 53 seats in the 120-member Knesset, while parties opposed to his continued rule secured 67. The opposition has a parliamentary majority, although it is struggling to form a governing coalition.

Under Israel’s system, the president consults representatives of the elected parties, who recommend a candidate to form the government. Herzog must then decide which lawmaker has the best prospect of assembling one. The recommendations are politically important but not legally binding, and the president is not required to select whoever receives the most endorsements, though this is the tradition.

If former IDF chief Gadi Eisenkot receives recommendations representing 67 seats, that would establish the breadth of parliamentary opposition to Netanyahu. Eisenkot would likely be tapped, and then he would face the central difficulty: what to do about Israel’s Arab parties.

Of the 67 seats held by Netanyahu’s opponents, 19 belong to Arab parties, whose electoral success reflected a remarkable increase in Arab turnout – which at around 85 percent exceeded that of Israel’s Jews. Several Jewish opposition leaders promised during the campaign not to rely on those parties to establish a government.

Eisenkot himself has said that he would demand any coalition partners agree that Hamas should be removed as a military and governing body in Gaza, which the Arab parties have not yet done. Polls show that a majority of opposition voters favor finding a way to form a government, even if it’s dependent on the Arab parties.

Indeed, many are arguing that this is a test of Israel’s democracy, and that for the opposition to stick to its refusal to rely on the Arab parties would strengthen enemies of Israel who argue that it is not a true democracy.

Here, too, the American midterms offer an intriguing counterpoint.

According to a voting breakdown in The New York Times, Republicans received 51 percent of the white vote, compared with 48 percent for Democrats. Would anyone seriously argue that the Democratic congressional victory is illegitimate because it depended partly on Black, Hispanic and Asian voters? Should Republicans retain the House speakership because they performed better among white Americans?

Of course not. Yet Israel faces an argument with a disturbingly similar implication.

If a parliamentary majority cannot govern because some of its members are considered unacceptable on ethnic or national grounds, the damage to Israel’s democratic reputation could be immense.

Under Israeli parliamentary rules, a government can win confidence through a majority of those participating in the vote. Abstentions or outside support from Arab lawmakers could therefore make a minority government possible.

With 48 seats for the non-Arab opposition parties, all Eisenkot would need would be the more moderate of the Arab parties, Ra’am, which has eight seats, to show support. The new coalition’s 56 seats could outvote Netanyahu’s 53 to win Knesset confirmation, even with the 11-seat Joint Arab List abstaining. That means Eisenkot does not necessarily require 61 affirmative votes to take office.

The obstacle is Avigdor Lieberman, head of the seven-seat Yisrael Beitenu party. A nationalist West Bank settler, he has fallen out with both Netanyahu and his ultra-Orthodox allies, and has been counted as part of the opposition. This week he reiterated his vow not to support a government dependent on Arab parties. But he also ruled out rejoining with Netanyahu, and described a repeat election as the worst option.

So while the outcome is clear now in the United States, in Israel the guessing game continues.

The post Trump’s midterm defeat changes the equation for Netanyahu and Israel appeared first on The Forward.

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