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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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250 years of American Jewish life is a miracle. Don’t take it for granted.
When I moved from Belgium to the United States for graduate school in the early 2000s, international-student orientation warned me about three areas in which I would experience culture shock: doctors, dating, and food. They were right: I am still looking for good chocolate. But what nobody mentioned was that culture shock can also work in the other direction: you can encounter something so different in a good way that it, too, takes time to understand. For me, that was American Jewish life.
The Judaism I had grown up with in Belgium was timid and a little subdued; it felt to me as though it did not quite dare to put down roots or imagine itself as fully Belgian. American Judaism bewildered me at first by its sheer pluralism: so many denominations, and within them so many people experimenting with what it meant to be and do Jewish in this country and in this world.
Even more surprising was its creativity — the music, the intellectual life, the social activism, the constant invention of new institutions, rituals and communities. It was also loud and argumentative. American Jews tangled about Judaism, politics, Zionism and one another. The old story about two Jews having three opinions was not a joke here but a reality.
I loved it. Not because I agreed with all of it — I certainly did not — but because even the arguing seemed to me evidence that American Jews did not feel they had to hide or be discreet, not even about their disagreements.
Of course, Jewish success in the United States did not mean that America offered the same possibilities to everyone. Jewish integration took place in a country whose deepest structures of exclusion targeted Black Americans. That inequality is part of the American Jewish story and complicates any account of its success.Nor was the American Jewish experience free of prejudice: American Jews encountered social ostracism, quotas in higher education, exclusion from neighborhoods and country clubs, and violence.
And yet, over 250 years, Jews in the United States became deeply woven into the political, cultural and civic life of the country. How the encounter between Jewish traditions brought from many parts of the world and the particular freedoms, tensions and possibilities of American life produced a distinctively American form of Judaism is a question that has stayed with me ever since, and America’s 250th anniversary seems like a good moment to return to it.
I think part of the answer lies in the American idea of hyphenated identities. In a country of immigrants from many parts of the world, the hyphen suggested a social architecture, albeit imperfect, that allowed for multiple communities to coexist within a larger whole. By contrast the Europe in which I grew up remained more attached to myths of national homogeneity that made Jewish belonging harder.
But today, across the political spectrum, people are asking what America as an idea and a national community stands for. Historically, such moments have often made Jews a test case for the limits of inclusion. To those who imagine the nation as a homogenous family, Jews are strangers; to those who imagine it as a universal community, Jews often seem too particularistic.
Amid rising antisemitism, the aftermath of Oct. 7, turmoil on university campuses and intense political polarization, it is not surprising then that many American Jews are feeling anxious about the future. The pessimists believe something fundamental is broken and wonder whether it is time to keep a packed suitcase ready. The optimists insist that America remains different, even exceptional, and that American institutions and laws are strong. This too shall pass, they say.
As a historian, I am skeptical of both positions. The past is full of moments that look inevitable in retrospect because, once we know what happened, it becomes harder to imagine other outcomes. But in the moment, multiple futures are always possible. History cannot tell us which one will become ours, but it can broaden the range of possibilities we are able to see.
That is one reason I created a new public course at Brandeis this fall, America and Its Jews at 250. I wanted to see what becomes visible when the questions troubling American Jews today are placed against that much longer historical horizon. Over the course of the semester, 28 scholars and public thinkers will examine the relationship between Jews and America from the colonial period to the present. At a moment when so much attention is understandably focused on Israel, I also wanted us to look more closely at the American Jewish experience and what Jews built here.
Doing this at Brandeis is especially meaningful. Many of America’s oldest and most influential universities grew out of Christian religious communities. Brandeis represented something different: the possibility that a university could be rooted in American Jewish life while being as intellectually ambitious and universal as any of them. A course about America and its Jews belongs in that tradition because these are not two histories that happened in parallel; they are intertwined.
Time has cured most of my culture shock, but I have not forgotten the surprise I felt 26 years ago at the vibrancy and pluralism of American Jewish life. Much of our discussions, in this anniversary year, focus on the country’s uneven path toward more justice and equality, and rightly so. But that should not obscure the immense creativity that this messy and contested American experiment made possible. American Jews embraced its possibilities with a vitality that produced forms of Judaism few of their forebears would have recognized, yet that remain deeply connected to what came before. That dynamism also produced disagreements and fragmentation, and anxiety about what still holds Jews together.
Culture and creativity depend on the soil in which they develop. Protecting American jewish life therefore means not only to fight for Jews and Judaism, but also for the pluralistic republic that allowed them to flourish. Perhaps one day historians will give this entanglement of Judaism and America a name. But for now it remains unnamed because it is still being made, and because its future, I hope, is still in our hands.
The post 250 years of American Jewish life is a miracle. Don’t take it for granted. appeared first on The Forward.
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El-Sayed defends opposing Israel aid as he woos Jewish voters
Dr. Abdul El-Sayed made opposition to U.S. military aid to Israel a defining issue of his campaign in Michigan’s Democratic Senate primary. On Sunday, as the party’s nominee, El-Sayed explained why he supported sending American military aid to Ukraine in its war against Russia but opposes sending aid to Israel as it fights Hamas and other armed groups in the region.
“In Ukraine, you’re talking about attacks from a leader of a neighboring sovereign country, who clearly violated international law in attempting to breach the sovereignty of the Ukrainian public,” El-Sayed said in an interview on NBC’s Meet the Press. “That is conditional on that circumstance.”
As for Israel, he argued, the United States has “been offering unconditional foreign military aid to Israel independent of the circumstances for years and years and years.”
The distinction comes as El-Sayed tries to draw a clearer line around his position on Israel aid as he moves into the general election, following a narrow victory over Rep. Haley Stevens, who was backed by AIPAC and other pro-Israel Jewish groups.
Since his primary win, El-Sayed said in media appearances that his opposition to unconditional military aid — including funding to the Iron Dome defense system — goes beyond Israel. He pointed to Egypt, where his parents were born, as well as to Saudi Arabia and Jordan, saying those U.S. allies should not receive unconditional American military support either.
“It’s not just Israel,” El-Sayed said, adding, “It’s about the conditions.”
When pressed on whether there was any scenario in which he would support military aid to Israel, El-Sayed said he could consider supporting it if Israelis and Palestinians reached an agreement that guaranteed, as he described it, the “Palestinian people and Jewish Israeli people” equal rights to “peace, dignity, and self-determination.” During the primary, El-Sayed stopped short of explicitly backing a two-state solution.
The Jewish voter test
El-Sayed’s position on Israel is becoming a test of whether he can unite Democrats for the general election in one of the nation’s most important swing states. Many Jewish Democrats remain uneasy with his rhetoric on Israel — including his calling Israel “bloodthirsty” — even as the party needs their support to defeat Republican Mike Rogers and improve its chances of winning back the Senate.
The Jewish Democratic Council of America, which backed Stevens and said its volunteers made nearly 100,000 calls on her behalf, said that the “razor-thin margin” in El-Sayed’s victory is evidence that pro-Israel Democrats remain an important electorate within the party.
Halie Soifer, JDCA’s chief executive and a Michigan native, said in a Substack post Friday that Jewish Democrats are standing “on a political fault line” after El-Sayed’s victory. “Jewish voters’ concern with El-Sayed and other far-left candidates is rooted in concern for our safety and security given rising antisemitism and antisemitic violence, including when Jews are blamed for the actions of Israel,” she wrote.
Jewish voters make up just 1.4% of the electorate in Michigan, but they could still prove decisive in a close race. Michigan has been decided by narrow margins in recent elections: Donald Trump won the state in 2016, Joe Biden flipped it in 2020, and Sen. Elissa Slotkin narrowly won her Senate race in 2024 even as Trump carried the state in the presidential race.
AIPAC’s super PAC, United Democracy Project, which spent more than $30 million in the primary, is reportedly weighing additional spending in the general election to boost Rogers. It would likely be joined by other groups, including the centrist Democratic groups Third Way and Welcome PAC, as well as the Republican Jewish Coalition.
Jeremy Ben-Ami, president of the liberal pro-Israel group J Street — a progressive alternative to AIPAC — urged El-Sayed to take a different approach to the Jewish voters who opposed him. Ben-Ami wrote in a Substack post that El-Sayed should spend significant time listening to Jewish Michiganders and their concerns about vulnerability and antisemitism, while making clear “in words and in actions” that Jews who care deeply about Israel have a place in his coalition.
‘I love and revere Judaism’
In the Sunday interview, El-Sayed sought to reassure Jewish voters who remain skeptical of him.
Asked to respond to President Donald Trump’s comments that El-Sayed “hates” Israel and Jewish people “with a passion that burns in his heart,” El-Sayed said, “I love and revere Judaism and the Jewish people. I believe they’re a light unto the world.”
El-Sayed recalled growing up in Bloomfield Hills, a metro Detroit community with a large Jewish population, and being invited to Passover Seders, synagogues and bar and bat mitzvahs. “I’m really honored for what I learned and got to share with my Jewish sisters and brothers,” he said. “But they are not the same as AIPAC and Israel.”
The candidate also disavowed some remarks by Hasan Piker, the popular pundit and streamer who has been accused of antisemitic rhetoric and who appeared with El-Sayed on the campaign trail. El-Sayed said Piker’s statement that “America deserved 9/11” was “dumb,” though he did not commit to ending campaign appearances with him.
The test in the coming months is whether El-Sayed can win over skeptical Jewish and moderate Democrats without moderating his views on Israel or losing the progressive and pro-Palestinian voters who propelled him to victory.
The post El-Sayed defends opposing Israel aid as he woos Jewish voters appeared first on The Forward.
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The Nakba exhibit and the importance of historical context
By NOAH STRAUSS When I went to the Nakba Exhibit, I was shocked, not by the contents of the exhibit but by its size. The exhibit was tiny in my eyes, and I thought the amount of outcry was excessive for an exhibit that is less than 500 words. It felt like every other day the National Post had an article about the exhibit, criticizing different aspects of it. But then I had a realization: the exhibit was never criticized because it was “too” big, but because of the contents of it. When I was toured by the curator, I actually asked her, “Where is the rest of it?” I was confused because I had been misled by the media to believe the size of the exhibit was massive.
I believe that every human being should be able to live a free life. No human should be bullied for who they are. That is not okay, and to some credit, the Nakba exhibit does cover this. But where my problem now comes into play is the fact that the museum fails to portray the full history surrounding the Nakba.
The museum is publicly funded; our taxpayers’ dollars go there. It is supposed to represent our nation and our beliefs, not take a side on history. The Museum did exactly that. It took a side, and guess what? It caused chaos.
Whenever asked why it does not show the other side of history, the museum would always say something along the lines of: our space is limited, the focus of the exhibit is solely the Nakba, etc. But to me, these are excuses, and I will call that out.
For context, the Nakba was an event that occurred around 1948 after the 1947 UN Partition Plan. The Nakba continued until about 1949. During this time, approximately 750,000 Palestinians were either forced out or left what is now Israel.
The Museum is contributing to concerns surrounding the rise of antisemitism. The Museum has failed to mention that during the same era as the Nakba, hundreds of thousands of Jewish people were displaced from Middle Eastern and North African countries, with many forced to leave because of their religion.
Context matters. Yes, 750,000 Palestinians were displaced, but what happened during the same era also left hundreds of thousands of Jewish people without homes. When a visitor with no historical context walks in to see what the “Jewish” people did to the Palestinians, of course they’re going to blame the Jews. Because it makes me, a Jewish person, look terrible.
In my view, the exhibit contributes to concerns about growing antisemitism by presenting an incomplete historical narrative.
But then, as Jewish people, we need to know when it’s time to move forward. We need to focus on how we can positively portray the Jewish community and show the world who we are, rather than allowing others to define us through a one-sided historical narrative.
Noah Strauss is a 15-year-old Gray Academy student
