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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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As Australian Jews call for action on antisemitism, prime minister unveils moves to curb hate speech
(JTA) — Australian Prime Minister Anthony Albanese has announced a slew of changes meant to curb antisemitism, including a crackdown on hate speech by extremist clerics.
The announcement comes four days after two gunmen killed 15 people at a Hanukkah celebration on Bondi Beach in Sydney. Many Australian Jews said they had feared such an attack after years of surging antisemitism and what they said had been an inadequate government response.
Albanese acknowledged the criticism during an address in Canberra, Australia’s capital.
“More could have been done, and I accept my responsibility for the part in that as prime minister of Australia, but what I also do is accept my responsibility to lead the nation, and unite the nation,” he said.
“Anyone in this position would regret not doing more, and any inadequacies which are there,” Albanese added. “But what we need to do is to move forward.”
The new policies would heighten penalties for speech that incites violence, including online; increase the government’s latitude to block or rescind visas for those who spread hate; and penalize organizations whose leaders engage in hate speech.
As is the case in England, where two of the largest police forces announced on Wednesday that they would begin arresting people who use protest slogans seen by many as antisemitic, Australian authorities said they aimed to tip the scales against the kinds of speech that had long been treated as just shy of criminal.
“There have been organizations which any Australian would look at and say their behavior, their philosophy and what they are trying to do is about division and has no place in Australia,” Home Affairs Minister Tony Burke told reporters at Albanese’s press conference. “And yet for a generation, no government has been able to successfully take action against them because they have fallen just below the legal threshold.”
Albanese also pledged to enact a 13-point plan that his antisemitism envoy proposed earlier this year and announced a task force to ensure that Australian schools respond adequately to antisemitism. The moves follow a pledge made in the immediate aftermath of the Bondi Beach attack to tighten access to guns, which one of the alleged attackers had obtained legally.
Albanese’s announcement comes as Sydney is in the midst of days of funerals for the victims, who included rabbis, a Holocaust survivor and a 10-year-old girl. While some local officials have attended the funerals, he has drawn criticism for staying away. Burke was heckled when he visited a vigil at Bondi Beach, with some in attendance shouting, “Blood on your hands!”
Prior to the shooting, Australian Jews were distressed by a string of arson and vandalism attacks on Jewish sites, as well as rhetoric in pro-Palestinian demonstrations seen as stoking antisemitic violence. Officials attributed some of the most searing attacks to criminals working indirectly on behalf of Iran, and Albanese ejected the Iranian ambassador in retaliation earlier this year.
Now, Albanese’s new moves have drawn criticism and concern from some on the left, including a progressive Jewish group, about their implications for free speech. But the main body representing Australian Jews, which on Sunday called for “decisive leadership and action now,” said it wanted more.
The Executive Council of Australian Jewry said in a statement that it would reserve a fuller judgment until after the funerals were over and more information was available but indicated that it was not satisfied. Albanese said it could take months to draft legislation to match his commitments.
“We will need to see the details before making an assessment as to whether the measures are likely to live up to their billing,” the council said. “This suite of measures can only be regarded as a first step, but it is an essential one.”
The post As Australian Jews call for action on antisemitism, prime minister unveils moves to curb hate speech appeared first on The Forward.
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I’m a 25-year-old semi-Zionist. Here’s what that means this Hanukkah.
I do not look Jewish. I do not wear a kippah. I wasn’t even truly connected to this identity until after Oct. 7. This isn’t to say I never felt Jewish; when I was a kid, I used to light LED Hanukkah “candles” with my father while giving my grandfather a “Chag Sameach” phone call. I used to hope for chocolate coins and Hot Wheels cars for my ever-growing collection. As an adult I have a much different hope. I hope for peace, for all Jews, everywhere.
When I was a child, I treated the existence of our homeland as a constant, something unshakeable, “There’s a Jewish homeland just like there’s a homeland for everyone else, just like there are Jews everywhere,” I thought. But since Oct. 7, I’ve realized just how fragile our existence is. I understand the concerns with Israel; I firmly believe that Benjamin Netanyahu and Itamar Ben-Gvir committed a genocide in our name and used our trauma to justify it. But I don’t think dismantling the country is a way to solve the problem.
This is why I describe myself as a “semi-Zionist.”
I believe that Jews have a claim to the land of Israel, that it is our ancestral homeland, and that yes, Jews were always in the region and had been in the region prior to 1917. I believe that we still have a right to Israel now, and that we always will.
Here’s why I’m “semi.” As a child I was taught that the ideal Jewish values are resilience, peace, and rationality. There is nothing resilient about denying food to starving people. There was nothing peaceful about laying waste to most of Gaza, and the acts of settler violence in the West Bank. And there is nothing rational about using the memory of a truly horrific atrocity to justify a campaign of hatred and fear. The very ideals of Zionism have been twisted by despicable people to turn from resilience to conquest.
It would be easy to blame antisemitism, including the terrorist attack at a Hanukkah celebration in Australia, on the actions of the Israeli government and their atrocities. What’s harder is thinking deeply and honestly about our own prejudices, who we blame, and what we do with our hate.
My hope for this Hanukkah is peace for everyone, everywhere, all Jews, and all people regardless of their faith. I hope for a time when the candles lit on Hanukkah are for celebration and not for mourning a senseless tragedy. I hope for a time when we can share our homeland with Palestinians instead of murdering them, because it is their homeland too. I hope for a time when Jews across the world can live freely without being persecuted for our beliefs or murdered just for existing.
But most of all, I hope for more Jews to have quiet Hanukkah nights like the ones I had, with fathers laughing about jokes their sons don’t understand, children pretending to like the taste of kugel, and lights that guide us toward a safe future.
The post I’m a 25-year-old semi-Zionist. Here’s what that means this Hanukkah. appeared first on The Forward.
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Ben Shapiro denounces Tucker Carlson at Heritage, urges policing of conservative movement
(JTA) — Ben Shapiro walked onto a Heritage Foundation stage Wednesday and used it to draw a line against Tucker Carlson and a strain of conservatism Shapiro warned is drifting toward conspiracy theories and antisemitism.
For a talk that lasted about an hour, Shapiro, one of the most prominent Jewish voices on the American right, denounced Carlson by name, arguing that the former Fox News host no longer belongs inside the conservative movement and urging the institution hosting him to enforce what he called “ideological border control.”
“A conservatism that treats Tucker Carlson as a thought leader is no conservatism,” Shapiro said. “If conservatives do not stand up and draw lines, conservatism and the dream of America itself will cease to exist.”
The speech was as notable for its venue as for its content. It was hosted by Kevin Roberts, Heritage’s president, who has come under fire in recent months for publicly defending Carlson after Carlson interviewed Nick Fuentes, a white nationalist and Holocaust revisionist. Roberts’ comments triggered resignations and criticism from Jewish leaders and former Heritage affiliates. Two more trustees of the foundation resigned this week over Roberts’ support for Carlson.
Despite the directness of Shapiro’s message, and his explicit call for Heritage to police the boundaries of the conservative movement, Roberts did not respond to the criticism or address antisemitism on the right during the event.
In his opening remarks, Roberts praised Shapiro as a “patriot,” a “man of faith” and a “trusted counselor,” and described Shapiro’s book as “a truly good book,” without mentioning Carlson, Fuentes or the controversy that has engulfed the organization. When Roberts moderated the discussion that followed, he pivoted to policy topics including immigration, housing affordability and elections, again avoiding any reference to Carlson or antisemitism.
Roberts also did not acknowledge the resignations or public criticism that followed his defense of Carlson, At the conclusion of the event, he broadly aligned Heritage with Shapiro’s message, telling the audience, “Count on Heritage to fight with you.”
In his speech, Shapiro accused Carlson of abandoning free-market principles, rejecting constitutional governance and advancing conspiracy theories that echo antisemitic tropes, particularly around Israel and Jewish influence. He cited Carlson’s repeated criticism of Israel, his suggestion of “nefarious Israeli influence in American government,” and his hostility toward Christian Zionists.
Shapiro also criticized Carlson for repeatedly platforming figures with extremist or antisemitic records, including Fuentes, whom he described as “America’s foremost Hitler apologist,” as well as Russian ideologue Alexander Dugin and revisionist historian Darryl Cooper. “None of this comports with traditional American values,” Shapiro said.
Shapiro framed the moment as a test of the conservative movement’s credibility. “Conservatism means something,” he said. “And if we refuse to stand for it and defend it, it will disappear.”
The post Ben Shapiro denounces Tucker Carlson at Heritage, urges policing of conservative movement appeared first on The Forward.