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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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Soccer helped my family survive the Nazis. Our community has lost sight of that story’s meaning
A new exhibit at the Holocaust Museum LA should be telling my great-grandfather’s story as part of its study of soccer, Jews and the Holocaust. But it won’t, because the museum failed to internalize the great moral lesson that my family learned from surviving the Holocaust: to never value the safety of one group over that of others.
The museum describes The Beautiful Game: The Untold Story, which opened this week, as an exploration of “the deep and often overlooked relationship between Jewish life and the global game.” It could have been curated specifically to tell my family’s story, because it was soccer that saved them from the Holocaust.
Pavel Mahrer, my great-grandfather, was a Jewish professional soccer player for Czechoslovakia. He played for teams in Teplitz and Prague, as well as at the 1924 Olympics. In the 1920s and 1930s he moved across the Atlantic to play for the Brooklyn Wanderers and for a Jewish team, New York Hakoah. His son Jerry was born during that time; eventually, the fact that Jerry held American citizenship would save much of the Mahrer family from the Holocaust.
During the Shoah, Pavel became the star player in the league at the Theresienstadt ghetto. He once wrote to his wife, as they were imprisoned separately, “tell our boys that I played soccer again and even played well and was successful.” Soccer brought him joy during those years of total despair. He avoided transport to Auschwitz — possibly because he was a famous athlete — and eventually reunited with his family in New York after the war.
The Holocaust Museum LA exhibit doesn’t tell that story, but it wanted to. My family pulled out of the exhibit because we didn’t want our story told by an institution that we think has faltered in holding true to the back half of its stated mission of inspiring “a more dignified and humane world.”
‘Never Again’ for whom?
We had already been in contact with the exhibit curators when the museum became entangled in a public relations crisis last fall over an Instagram carousel featuring a cover image of six interlocking arms of different colors with the text: “’Never Again’ can’t only mean never again for Jews.”
Further slides added: “Jews must not let the trauma of our past silence our conscience” and “To be Jewish is to remember and act.”
Finally, I thought, a Jewish institution that will stand against genocide and violence, full stop. Not just genocide and violence against Jews.
Over the past few years, I’d watched the Jewish institutions I grew up respecting make excuses for or ignore Israel’s assault on Gaza. At best, they remained silent as Israel killed innocent civilians in the name of the Jewish people. At worst, they supported Israel’s actions unreservedly.
But here was one Jewish institution that was sending the right, albeit subtle, message.
My family agreed that this was a museum that was teaching the history and lessons of the Holocaust in a way we wanted to support. We had told the museum of our interest in loaning them Pavel’s 1924 Paris Olympics jersey and photos of his soccer career for the exhibit, and grew more excited for the collaboration.
But not everyone had the same reaction to the post that we did. Comments flooded the museum’s page claiming that the phrase “Never Again” was only for Jews, and criticizing the museum for generalizing the Holocaust — as if Jews have a monopoly on being victims of genocide. I figured the museum must have been prepared for some backlash, but had decided it was worth upsetting some to show that they cared for all.
I was wrong.
The museum deleted the post, then issued an apology, calling the post “easily open to misinterpretation by some to be a political statement reflecting the ongoing situation in the Middle East.” To us, it read as if they were apologizing for giving the appearance of caring about Palestinian lives. The apology post drew outrage as well — although not in the comments section, which was disabled.
A humane world for everyone
The apology felt like cowardice to me and my family. So we asked to meet with Beth Kean, the museum’s CEO. By the time we connected with her over Zoom in October, the apology post had been deleted as well. We wanted to understand what was behind their decision to post, remove, apologize and then act like none of it ever happened.
After the meeting, we understood that the museum hadn’t expected the response to the first post; some museum staff, horrifyingly, had received death threats. But we didn’t get a good answer as to how capitulating to hateful comments and violent threats aligned with the stated mission of the museum. We were promised an updated public statement that would specifically state the museum’s humanitarian goals; but if one was ever published, I didn’t see it.
We decided that we no longer felt comfortable lending the material that told Pavel’s story to the museum. I take pride in being the descendant of Holocaust survivors, and I’m especially proud that my family has always told our story in a way that emphasizes that the safety of all peoples is and has always been intertwined. I don’t think Pavel would be proud to see his story used to help suggest in any way that Jewish lives should be valued over others.
I didn’t expect the museum to change its mind because of a thirty minute Zoom call with my family, but its willingness to, in my eyes, bend on its principles left me disheartened. If we can’t take stories of Jewish suffering and strength — like that of my family — and apply their lessons to the suffering that is occurring to this day around the world, what is the point of telling them?
I’m a soccer player myself. Every time I score a goal or make a tackle I think of how I wouldn’t be alive if it wasn’t for this beautiful game. I feel a kinship with other players, other soccer fans, because we share that love of the game. It brings us joy, it brings us hope.
I find my family’s story compelling not just because it is a story about Jews during the Holocaust, but because it is a story about survival — a story about luck, talent and both good and terrible timing. The drive to survive, and the need to ensure others’ survival, should be universal. If the message that our Jewish institutions send is that Jewish survival matters most, who is that message for? How can we expect the rest of the world to care about our safety if we don’t do anything to prove that we care about theirs?
Dani Mahrer is a former Jewish educator who now works in renewable energy in Los Angeles.
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Eliya Smith says plot is what happens when you’re busy doing nothing
Eliya Smith’s dad has seen her play Dad Don’t Read This. He’s kvelled at its every iteration.
“He’s always like, ‘Are people gonna know that I’m Dad?’” Smith, 28, said on the day of the Knicks Victory Parade. The streets of the West Village, where we met for coffee, were teeming with orange and blue; she was wearing a baseball cap with some sort of bird, a heron or maybe a penguin, swallowing a fish.
“I always think it’s funny that he’s like, ‘I’m here and I have no complicated feelings.’”
Smith’s father isn’t the title character of the piece, which is about four high school friends, the computer game The Sims and the existential angst of adolescence, but technically he is. Smith started writing the show about a decade ago, during Thanksgiving break from Harvard. She needed the pages printed and emailed them to her father with the injunction as a kind of title page. (The following page read, “If you’re reading this page, it means you started to read. Stop reading.”)
The play is a work of fiction, as are all its characters. But the real-life command became a guiding principle — and the first lines — of the show.
“There is like a sort of frame of, ‘This play isn’t for you,’” said Smith, a former Forward editorial fellow who, last year made her Off-Broadway debut with the play Grief Camp. “I think the audience should reckon with the experience of watching it. Not that I’m like, ‘Fuck you for coming to my play,’ I’ll always be grateful, but I think my favorite parts of the play are when it really feels like they’re like doing the play for each other.”
Dad Don’t Read This is what Smith calls her first real, full play. Unsatisfied with her earlier attempts, she took a crack at writing what she knew: boredom and Ohio (in her mind synonymous) and the endless hours she spent in her basement chatting with friends. That and The Sims, the life simulator where players construct the world and circumstances of flailing, gibberish-spewing suburbanites.
“When I was in high school, I feel like I would sometimes play The Sims and be like, ‘If only it were this easy,’” Smith said. She had a cheat code that could defy Maslow’s Hierarchy of Needs: When a Sim had to pee, you could drag the need away. She found herself thinking, “’I wish I could do that for myself, that I could just like drag away the sadness.”
In the show, this sentiment is embodied by Mal (Amalia Yoo, hot off her turn as another high schooler in the midst of a best friend breakup in John Proctor is the Villain), who tries to manipulate her friends the way she does her pixilated people.
Smith isn’t Mal, but the character’s Ohio ennui (Smith’s from Columbus) and some of her feelings are true to her high school self. OK, Smith’s like her in one way: She, like Mal, had a cousin who gave her a Sims cheat code for unlimited money.
The connection between the world of The Sims, and the control it signifies, has a natural extension in playwriting.
“You become a playwright because you have control issues,” Smith conceded. “When I’m writing it on the page, I can manipulate the characters how I want, and then we start rehearsing it, and I lose a little more control, and then it’s like the more the play becomes its own thing.
“I think it is actually the reason I became a playwright, because I love the moment where my desire to control everything is sort of overruled,” Smith said. Still, it’s often painful for her to be present as her words are performed.
About the hat — the one with the bird — she often feels the need to wear one when she sits in the audience, not to be incognito (she’s been told it makes her more conspicuous) but to block some of her field of vision so she doesn’t have to see some patron sigh or look at their phone.

Smith and I move from the coffee shop — whose vibe she compares, no shade, to the fast fashion brand Brandy Melville — over to the Greenwich House Theatre, where Dad Don’t Read This just transferred from St. Luke’s Theatre in midtown, earning a New York Times Critic’s Pick.
We plop into swivel chairs in the dressing room and catch up. Eliya left the Forward in 2021 to go to grad school at UT Austin. She’s only really been living in New York full time for about a year, calling Park Slope home. Life in Austin, she said, felt almost like an extension of high school in Ohio. She’d drive around bored with her friends. She misses the heat.
“I feel like there’s a sort of leveling thing that happens,” she said between sips of her iced coffee. “I feel like in New York you like get off the subway and you somehow are supposed to not be sweaty from being like packed in with hundreds of other people underground, and I feel like in Texas it’s so hot that it’s just totally fine, everyone is kind of disheveled and gross, and it’s just like what the vibe is, and I feel like it’s really equalizing, like ‘We’re all like looking not our best,’ and I liked that.”
She has yet to write her Texas play — or her New York one.
“I feel like everything I write is on a five-year delay,” said Smith, whose produced plays often circle the Buckeye State. (Last season’s Grief Camp took place in Virginia, but also followed young people; another play, about Holocaust memory, was called Deadclass, Ohio and, aptly, played at the New Ohio Theatre in Manhattan.) “Until I was like 23 I was like I can only write about being 17.”
Her new projects, Two Girls, a metatheatrical work about a shock porn video, and Biography (her least autobiographical piece to date), are departures.
It’s hard to explain the exact vibe of Dad Don’t Read This. Some have likened Smith’s work to Annie Baker, who she knows from UT Austin. I propose, in moments, it approaches Chekhov at a sleepover. Smith says she would never compare herself to the Russian master, but is happy to sing his praises. Though I meant this as a compliment, it could be seen as critique: On the surface, there isn’t much of a plot.
“I often joke that I don’t like plot,” Smith said. “But that actually isn’t true. I rigorously plot all my plays, it’s just the plot is like: This character is deeply wounded because of the perceived subtext from a line about a soda, and to me, that is plot.”
She also believes Top Gun: Maverick is the best movie ever in part because of how much happens. You can tell she is sincere, while knowing this is somewhat absurd to discuss in the same breath as The Cherry Orchard.
“You can have great art like Top Gun: Maverick, that is very sort of like there’s a story and these are all the beats, and you can also have Chekhov where the plot is like a wound that you couldn’t even name.”
Ineffable feelings are the engine of Dad Don’t Read This. Mal and her friends try and fail to articulate just what is going on in their little lives, where the inconsequential is the only thing that matters.
While firmly of a generation — it’s set in 2014, the actors are a few years younger than Smith — the play has found older admirers. Helen Shaw of The New York Times ranked it one of her top shows of the season. The New Yorker’s Adam Gopnik will participate in a “Dad Affinity Night” on June 28.
The key to its connection may well be what’s absent from the stage — smart phones and social media are nowhere to be seen. It’s intentional.
“We like don’t have boredom anymore, because we have phones, and so I’ve been trying to figure out how do I put characters in a situation where they can be extremely bored and where that can be dramatically intriguing,” Smith said. “And also, like, how do I make boredom resonate with an audience that doesn’t experience boredom because we look at our phones, and I do feel like being bored in Ohio is like something that I knew so intimately.”
Onstage at the Greenwich House Theatre, boredom lives. And it’s riveting.
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Shots fired in Jewish neighborhood of Montreal
(JTA) — Montreal police said an alleged shooter in a neighborhood known for its large Jewish population had been “neutralized” after killing one police officer and wounding another officer and a civilian Monday.
“A suspect has been neutralized,” the official police account posted on X after advising residents Côte-des-Neiges to stay indoors. “Two police officers and one citizen have been injured. The police operation is still underway. Continue to avoid the area. Further details to follow.”
The Montreal Gazette later reported that the suspect and the civilian also were dead.
It was not clear if the intended targets were Jewish, but a Chabad emissary in the neighborhood told Ynet, an Israeli news site, that a nearby building was targeted and that he was sheltering about 100 people.
The Yeshiva World News news site posted a video of a SWAT team swarming around a home belonging to a family affiliated with Chabad, the Orthodox Jewish movement.
Côte-des-Neiges was the scene of postwar Jewish settlement as Jewish families ascending from the working to the middle class moved west from the area of St. Laurent Boulevard. The area, with treelined streets studded with duplexes and low-rise apartment buildings, had a friendly neighborhood ambience and lacked the anti-Jewish restrictions some of the wealthier enclaves maintained at the time.
There are a number of Jewish schools and synagogues in the area, including the Spanish and Portuguese synagogue, the oldest congregation in the country, established in 1768 and which moved to the neighborhood in 1947. The neighborhood is now the site of a large Chabad community and a number of Jewish restaurants and delis.
This is a developing story.
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