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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.”


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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Oklahoma board denies proposal for Jewish charter school — and lawyers up ahead of expected legal battle

(JTA) — A Jewish group is preparing to sue to overturn a ban on publicly funded religious charter schools in Oklahoma, after a state board unanimously rejected its proposal on Monday.

The Oklahoma Statewide Charter School Board’s decision blocked an application from the National Ben Gamla Jewish Charter School Foundation to open a statewide virtual Jewish school serving grades K-12 beginning next school year.

Ben Gamla’s legal team, led by Becket, a prominent nonprofit religious liberty law firm, said the rejection violates the Constitution’s Free Exercise clause and announced plans to file suit in federal court. In a statement, Becket attorney Eric Baxter criticized Oklahoma Attorney General Gentner Drummond, who has argued that publicly funded religious charter schools are unconstitutional.

“Attorney General Drummond’s attack on religious schools contradicts the Constitution,” Baxter said. “His actions have hung a no-religious-need-apply sign on the state’s charter school program. We’ll soon ask a federal court to protect Ben Gamla’s freedom to serve Sooner families, a right that every other qualified charter school enjoys.”

A victory for Ben Gamla could redraw the line separating church and state, establishing the first school of its kind nationwide and opening the possibility for taxpayer-funded religious schools across the country.

Spearheaded by former Florida Democratic Rep. Peter Deutsch, the Ben Gamla proposal called for a blend of daily Jewish religious studies alongside secular coursework. Deutsch, who nearly two decades ago established a network of nonreligious “English-Hebrew” charter schools in Florida, has said he chose Oklahoma as a testing ground for what he views as a viable model of publicly funded religious education.

In a statement, Deutsch criticized the board’s decision.

“Parents across the Sooner State deserve more high-quality options for their children’s education, not fewer,” Deutsch said in a statement. “Yet Attorney General Drummond is robbing them of more choices by cutting schools like Ben Gamla out. We’re confident this exclusionary rule won’t stand for long.”

The rejection, delivered during the board’s monthly meeting, did not come as a surprise. The board’s 2023 approval of a similar application by a Christian group to establish St. Isidore of Seville Catholic Virtual School was ultimately overturned by the Oklahoma Supreme Court on constitutional grounds.

An attempt to challenge the state court decision at the federal level failed when the U.S. Supreme Court deadlocked on the case last year due to a recusal by Amy Coney Barrett, who has ties to the Catholic group.

Several board members cited the legal outcome in explaining their votes against Ben Gamla.

“I am troubled by the fact that our hands are tied by the state Supreme Court decision, but I think we have to honor it, and it’s a very clear directive,” board member Damon Gardenhire said at the meeting.

Board member David Rutkauskas said it was “very unfortunate” that the board was “bound” by the Oklahoma Supreme Court, adding that the decision was not because Ben Gamla is “not a good candidate or qualified.”

“If I could have voted for this school today without being bound, I would have voted yes,” Rutkauskas said. “I think it would be great for the Jewish community and the Jewish kids to have this option of a high quality school.”

Ahead of the board’s vote, during public comment, Jewish Oklahoma resident Dan Epstein argued that the “public should not be funding sectarian education.”

“My religious education was entirely private,” Epstein said. “My parents didn’t ask for anybody else to pay for it. They paid for it as part of dues to our congregation, and so I’m here today to express my opposition to the application of the Ben Gamla school.”

Epstein was not the only Jewish voice in Oklahoma to object to Ben Gamla.

Last month, the Tulsa Jewish Federation and several local Jewish leaders issued a joint statement in which they criticized Ben Gamla for failing to consult local Jewish leaders ahead of their application to open the school.

“We are deeply concerned that an external Jewish organization would pursue such an initiative in Oklahoma without first engaging in meaningful consultation with the established Oklahoma Jewish community,” the leaders wrote. “Had such a consultation occurred, the applicant would have been made aware that Oklahoma is already home to many Jewish educational opportunities.”

Oklahoma is home to fewer than 9,000 Jews, many of whom live in Tulsa.

During Monday’s deliberation, board member William Pearson cited opposition to the Ben Gamla proposal from Oklahoma Jewish congregations.

“My real concern is that I don’t see a grassroots effort from the Jewish community in the state of Oklahoma,” Pearson said. “Now maybe I’m wrong, but I haven’t seen it. What I have seen is the synagogues, both from Oklahoma City and Tulsa, come out in opposition to this, and I find that very interesting, that the Jewish community, the people that are involved daily in Jewish lifestyle, that they’re opposed to this.”

Immediately after voting to turn down Ben Gamla, the board approved hiring outside legal counsel in anticipation of a lawsuit.

“I can’t predict the future, but I would say, by all indicators, I would be shocked if there’s not a lawsuit filed by Friday,” board chair Brian Shellem said.

The post Oklahoma board denies proposal for Jewish charter school — and lawyers up ahead of expected legal battle appeared first on The Forward.

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Anne Frank and ‘Night’ may soon be required reading in Texas public schools. Is that good for the Jews?

(JTA) — In the years since school libraries became a culture-war flashpoint, Texas has been one of the most active states to pull books from shelves in response to parental complaints — sometimes including versions of Anne Frank’s diary and other Jewish books.

Now, Texas is pursuing a new approach: requiring that Frank’s diary, and several other Jewish texts, be taught throughout the state.

The Texas state education board recently discussed draft legislation that would create the nation’s first-ever statewide K-12 required reading list for public schools. Among the roughly 300 texts on the list: Elie Wiesel’s Holocaust memoir “Night”; Lois Lowry’s young-reader Holocaust novel “Number the Stars”; George Washington’s letter to a Rhode Island synagogue in 1790, and Frank’s diary — the “original edition.”

Each of the works could become mandatory reading for Texas’s 5.5 million schoolchildren as soon as the 2030-31 school year, as the state’s conservative education leaders seek to reverse a nationwide decline in the number of books read or assigned in class while also constraining the texts that activist parents tend to object to. Instead of letting individual teachers put together reading lists that might include “divisive” or progressive content, Republicans in Texas are trying to nudge the curriculum toward a “classical education” said to draw on the Western canon.

Supporters said the list would help ensure every student is on the same page.

“We want to create an opportunity for a shared body of knowledge for all the students across the state of Texas,” Shannon Trejo, deputy commissioner of programs for the Texas Education Agency, told the Jewish Telegraphic Agency about why the group undertook the list project.

While state lawmakers passed a law mandating at least one required book per grade, the board has decided to implement a full reading list. Trejo said the options had been whittled down from thousands of titles suggested in a statewide teachers survey. They were also cross-referenced with a variety of other sources, including books from “high-performing educational systems” in other states and reading lists from the high-IQ society Mensa.

“We’re trying to help students love reading again,” LJ Francis, a Republican member of the state school board who supports the list, said during the Jan. 28 meeting. “I personally think schools should be teaching more than what we have on this list.”

The proposal underscores a complicated moment for Jewish literature in Texas schools, where books about the Holocaust and Jewish history have recently been pulled from shelves amid parental complaints but are now poised to become required reading statewide.  Jewish educators and free-speech advocates say the shift reflects both recognition of Holocaust education’s importance — and continuing tensions over who controls what students read and how those stories are taught.

The overall list largely centers the Western canon and deemphasizes modern works as well as most books about race and identity, although selections from Booker T. Washington, Frederick Douglass and other Black American authors made the cut. The Bible is also heavily represented, with selections from both the Old and New Testaments on the reading list.

The state’s Holocaust Remembrance Week education mandate means that Jews are one of the few ethnic groups whose stories are fairly well represented on the state’s required reading list. That doesn’t mean that Holocaust educators are unreservedly enthusiastic about the new approach.

“Obviously I’m pleased that they’re including quality Holocaust materials,” Deborah Lauter, executive director of TOLI, the Olga Lenkyel Institute for Holocaust Studies, told JTA. Lauter noted that many teachers trained by TOLI on how to teach the Holocaust in their classrooms — including in Texas — already rely on books that made the list.

But, Lauter said, teachers generally like to develop their own curricula to tailor to their classrooms. “Mandating certain books, I don’t know how teachers would feel about that,” she said.

Lauter also expressed concern about whether the state would be providing materials to help teachers decode the Holocaust texts for their students. Trejo told JTA that fell beyond the scope of the list and the statute.

“It is just the title that is going into the standards for the state of Texas,” Trejo said. “Beyond that, it would be up to publishers to look to, how can I support districts and teachers in teaching this title?”

To literacy activists in the state, the approach was concerning.

“This is censorship as well,” Laney Hawes, co-director of the Texas Freedom to Read Project, told JTA. The overall list, she said, reflects “a very narrow worldview,” and the large number of books on the list would make it difficult for educators to find time for additional texts of their own choosing in class.

At the same time, Hawes said, “there are some really worthwhile books on this list. ‘The Diary of Anne Frank’ is an incredible book.”

The Jewish titles, Trejo said, were selected with additional input from Holocaust museum experts, local rabbis and Jewish day schools in the state. They also sought input from the Texas Holocaust, Genocide, and Antisemitism Advisory Commission.

“We were invited to provide input regarding a few specific parts of these proposals,” Joy Nathan, the commission’s director, told JTA in an email.

She named “Blessed Is the Match,” a poem by the Hungarian-born poet and resistance fighter Hannah Senesh, as a reading that her commission recommended for the draft list. “We will continue these direct conversations throughout the process.”

At the state education board meeting, a last-minute amendment proposed by the board’s GOP treasurer sought to remove dozens of works from the list, including Senesh’s poem and Washington’s letter.

The amendment would replace those texts with a new crop of selections, including “Refugee,” a young-adult novel by Alan Gratz that partially follows a German Jewish World War II refugee; Biblical passages on Moses; Maurice Sendak’s “Where the Wild Things Are”; George Orwell’s “1984”; and a book about former Polish president Lech Walesa. The amendment also listed “Night” as required in two different grades.

The story of Moses, the board member said, made the amendment’s cut because “there are a lot of parallels between Moses leading the people out of Egypt and the American Revolution.” Debate on the topic dragged into the night, with board members arguing whether requiring Bible passages would violate the Establishment clause and which Biblical translation had superior literary merit.

Following the amendment, the board agreed to postpone a vote on the required books until April to give members time to review both lists. Another board member, pushing for greater racial diversity in the list, submitted his own titles for review as well.

Once voted on, the legislation would enter a public comment period prior to being formally adopted at a later meeting

A long list of public commenters at the meeting opposed the law on various grounds, including that it was overly prescriptive, lacked proper balance between classical and modern literature, included more books than could realistically be taught, overly emphasized Christian texts over other religious works, and lacked racial and gender diversity. One teacher said that “Night” is traditionally taught at a different grade level than the law mandates.

Among those who testified against the policy was Rebecca Bendheim, a middle-school teacher at an Austin private school and author of young-adult novels about Jewish and LGBTQ identity. “I believe the list underestimates what Texas students can do,” Bendheim said.

A handful of commenters voiced support for the measure. Matthew McCormick, education director at the conservative Texas Public Policy Foundation, which backed the law, said that it covers “important historical eras such as the Great Depression and the Holocaust.”

He added, “By approving this reading list, the board has the opportunity to enact a generational change by ensuring that every public school student has a strong foundation in literacy and literature.”

At Wednesday’s meeting, the board also voted on new required civics training for teachers and new required vocabulary lists, which would be extracted from the required books.

The state’s embrace of Jewish curricula comes after one Texas school district recently pulled “The Devil’s Arithmetic,” another young-reader Holocaust novel, following a “DEI content” weeding process aided by artificial intelligence. A state law currently on the books in Texas places classroom restrictions on “instruction, diversity, equity and inclusion duties, and social transitioning.”

While Jewish texts are generously represented on Texas’s list, works by and about authors of other identities are not; the high school list, for example, features no Hispanic authors. An estimated 245,000 Jews live in Texas, or less than 1% of the population, according to Brandeis University demographics; Hispanics, by contrast, form 40% of the state population, more than the white share.

The state offered lists of approved Holocaust materials teachers may select from when marking Holocaust Remembrance Week last month. Those approved materials, provided by the Texas Holocaust, Genocide, and Antisemitism Advisory Commission, include many of the texts now required in the legislation.

The proposed legislation concerns activists in the state who oppose book bans and restrictions on students’ “right to read.” Hawes, a Fort Worth mother of four children in the state education system, first became an activist after her district removed the “Graphic Adaptation” of Frank’s diary from its shelves in 2022.

That district returned the book after public outcry. But other districts both in and outside of Texas followed suit by pulling the same edition, along with other Jewish books including “Maus” and “The Fixer,” over the last few years.

Seeing Frank’s diary on the state’s required reading list now, Hawes said, “feels weird to me.”

She noted that the draft legislation specifies that the “original edition” must be taught. The 2018 illustrated adaptation, which includes a passage of Frank discussing a same-sex attraction that had been excised from the original published edition, has been opposed by conservative parents across the country.

In a slideshow by the Texas Educational Agency that outlines the proposed requirements, Frank’s diary is portrayed as an “anchor” text for the 7th grade. “Blessed Is the Match,” an ode to self-sacrifice for a higher cause, and Washington’s letter, a landmark statement of religious tolerance, are listed as supplemental texts for the diary.

The goals of the unit, the agency states, are “factual accounts of Jewish resistance during the Holocaust” and “foundational American ideals of religious liberty and tolerance.”

The Biblical passages, the agency notes, are intended to fulfill a statewide requirement that school districts have “an enrichment curriculum that includes: religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature.” Christian activist groups within Texas, and several elected officials, have pushed for years to promote Evangelical Christian texts in public schools.

The inclusion of Washington’s letter, which assures the Newport congregation that Jews will find safe haven in the United States, also struck Hawes as suspicious. The list contains numerous texts promoting patriotism but does not include any material addressing ongoing antisemitism in America.

“This is making us think that George Washington solved antisemitism. And he didn’t,” she said.

Lauter said that if Texas’s policy of statewide Holocaust book requirements becomes a broader trend, she would welcome it — despite her concerns.

“I think it’s a positive. We support more Holocaust education in schools,” she said. “It’s certainly better than the opposite, which is banning books.”

The post Anne Frank and ‘Night’ may soon be required reading in Texas public schools. Is that good for the Jews? appeared first on The Forward.

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Arrests and clashes with police as Australians protest Israeli President Isaac Herzog’s Sydney visit

(JTA) — Thousands of protesters demonstrated across Australia on Monday against Israeli President Isaac Herzog, who traveled to the country at the invitation of Australian Prime Minister Anthony Albanese following the Bondi massacre.

Upon arrival, Herzog visited the site of the antisemitic terror attack in Sydney, where 15 people were killed while attending a Hanukkah event in December. There, he laid a wreath and met with the family members of the victims of the attack.

“Standing here at Bondi – an iconic symbol of Australian life, now scarred by the December 14th massacre – I embrace our Australian Jewish sisters and brothers still reeling from this trauma,” wrote Herzog in a post on X. “My visit to Australia, to all of you, is one of solidarity, strength, and sincere friendship from the State of Israel and the people of Israel.”

As Herzog commenced his four-day visit, dozens of protests organized by Palestine Action Sydney erupted across the country by activists who labeled him as a war criminal.

Calls to disinvite Herzog were also made by Jewish groups in Australia, including the progressive Jewish Council of Australia, which published a letter in the Sydney Morning Herald on Monday signed by roughly 1,000 Australian Jews who opposed the visit.

Ahead of the expected protests, The New South Wales government declared that Herzog’s visit was a “major event,” a distinction that expanded police powers to include directing the motion of demonstrators, closing specific locations and maintaining separation between opposing groups. Those who denied police directions were subject to fines of up to $3,862.

Alex Ryvchin, the co-CEO of the Executive Council of Australian Jewry, condemned the protest efforts in a post on X last week, writing that it is “shameful that so many resources are required to keep Australians safe from other Australians but that is the sad reality of our times.”

“There is no point appealing to them or reasoning with them because they are extremists driven by irrational motives,” wrote Ryvchin. “It is for the police and government to maintain order, keep Australians safe and protect us.”

On Monday, Palestine Action Group failed to legally challenge the restrictions in a Sydney court.

Despite the heavy restrictions on protests, large crowds of protesters gathered in Sydney on Monday, with many shouting pro-Palestinian slogans and carrying posters that read “Arrest Herzog” and “I’m not antisemitic, I am anti-genocide.”

Police used tear gas and pepper spray on some protesters in Sydney who attempted to continue their march after police intervened. New South Wales Police said that 27 people had been arrested during the protests, including 10 for assaulting police and 17 for failing to comply with directions and related offenses.

Palestine Action Group Sydney condemned the police actions in a post on Instagram, writing, “Tonight saw a sickening frenzy of police violence against 30,000 peaceful, anti-genocide protesters.”

In Brisbane, a city in Queensland, protesters were also heard shouting the common pro-Palestinian slogan “From the river to the sea” a day after the Queensland government announced it would propose a new law criminalizing public use of the slogan as well as the phrase “globalize the intifada.”

On Monday night, thousands of people gathered for a speech from Herzog at an event center in Sydney were barred from leaving as police worked to dispel the lingering protest presence outside.

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