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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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For many queer Jews, Pride has lost its joy
I noticed something during last year’s Pride that I could not stop thinking about afterward: silence.
Not total silence. Pride events still filled city streets in San Francisco, where I live. Rainbow flags still hung from windows. But many queer Jews I knew had become quieter in subtle, almost imperceptible ways. Some had stopped posting online. Some had withdrawn from political conversations altogether. Others no longer mentioned being Jewish in spaces where that identity had once felt unremarkable.
A few quietly disappeared from communities they had helped build. Invitations were declined. Group chats went unanswered. One friend told me they hesitated before wearing a Star of David necklace to Pride for the first time in years.
At first, I told myself I was imagining it. Then I began hearing the same thing in private conversations: people calculating whether it was safe to say certain things out loud. Wondering whether expressing ongoing grief over the Hamas attack of Oct. 7, 2023 would cost them friendships, belonging or community. Deciding it was easier to remain silent than risk becoming a problem to manage.
I recognized that instinct, because I felt it too.
As a psychologist and psychoanalyst practicing in San Francisco who has facilitated support groups for queer Jews since Oct. 7, I’ve perceived a clear phenomenon: While for years, many queer Jews experienced queer spaces as a refuge, after Oct. 7, that sense of refuge became less certain.
The spaces where we built chosen family, recovered from shame, fell in love, and constructed identities used to be shaped by the belief that vulnerability should not have to be hidden in order to belong.
Now, in some of those spaces, it feels like certain forms of Jewish grief have become socially suspect.
In some spaces, expressing horror at the massacre of Israeli civilians has felt permissible only when immediately qualified or contextualized.
In conversations over the past year, I have repeatedly encountered the same pattern: queer Jews becoming more cautious and less certain about what they could safely say in response to pressure to express grief only in publicly acceptable ways.
Silence can be a form of self-protection. People grow quiet when they sense that emotional honesty may carry steep social costs inside communities they still want to belong to.
Some queer Jews no longer attend events they once loved. Others still attend, but carefully. They edit themselves in real time, measuring how much grief they can express before it becomes unintelligible to others.
None of this is unilaterally true about queer communities, which are not monoliths. And many LGBTQ people feel profound anguish over Palestinian suffering, as do many Jews.
But queer Jews are exhausted. The strain of constant self-translation; the effort of proving that mourning one people does not entail hatred of another; and the vigilance required to navigate belonging that feels increasingly conditional have taken their toll.
The loss of a place where you were supposed to exist without negotiation feels existential. And as each Pride passes, certain griefs intensify as they remain unspoken.
This Pride, I’m thinking less about who will show up than about who will remain quiet once they arrive.
What kinds of silence do communities require in exchange for belonging?
Joshua Simmons is a psychologist and psychoanalyst who serves on the American Psychological Association’s Collaborative of Jewish Psychologists.
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Thomas Massie calls for USS Liberty probe, elevating anti-Israel conspiracy theory to House floor
(JTA) — Republican Rep. Thomas Massie took to the House floor Monday to call for an investigation into Israel’s 1967 attack on an American spy ship, giving new prominence to a decades-old conspiracy theory that has become a touchstone for critics of Israel.
“It’s my great honor, maybe one of the biggest honors of my lifetime, to stand here on the floor and do something that’s 59 years overdue, to recognize the survivors and those who gave their lives on the USS Liberty,” Massie said. “Fifty-nine years ago today when they were viciously attacked by IDF jets and also after that by torpedo boats.”
The attack on the USS Liberty occurred on June 8, 1967, in the midst of Israel’s Six-Day War. The intelligence-gathering ship was stationed off the shore of the Sinai Peninsula during the conflict when it came under attack by Israeli forces, killing 34 crew members and injuring 171 more.
Israel later apologized for the attack, explaining it had mistaken the boat as Egyptian, and paid damages to the United States and the families of the victims. Multiple U.S. investigations, including by the CIA, have since determined that the attack was a mistake.
Still, the incident has become a rallying point for critics of Israel who claim the attack was deliberate and gained more adherents lately as anti-Israel sentiment has swelled. On Friday, Massie cited a host of U.S. military and intelligence officials he said had cast doubt on the outcomes of the U.S. investigations.
“None of these distinguished men think this was an accident,” Massie continued. “They think it was intentional murder by the country of Israel, either as a false flag operation or because they simply didn’t want anybody observing what they were doing that day.”
Massie, who will be departing Congress next year after losing his primary in Kentucky, used the anniversary of the incident to call for Congress to pass a resolution honoring the victims of the attack and for a new investigation into the circumstances surrounding it.
The USS Liberty Veterans Association praised Massie’s remarks in a post on X, writing that it was a story that “NO other member of Congress will even listen to.”
Massie is far from the only critic of Israel to use the attack as broader evidence of Israeli misconduct.
Last year, the far-right influencer Candace Owens interviewed a survivor of the attack and tweeted that there was “perhaps no story that can more enlighten you to the deceitful and despicable nature of the modern state of Israel — and its stranglehold on the American government.”
Florida gubernatorial candidate James Fishback has called for the attack to be taught in schools, and the antisemitic streamer Nick Fuentes has claimed that Israel initiated the attack to “conceal their troop movements.”
During his speech at Amfest in December, conservative pundit Tucker Carlson, who devoted part of his podcast last year to elevating the conspiracy theory that the attack was a false flag operation on the part of Israel, told attendees that asking “why a foreign government tried to sink one of our ships in 1967” does not “make you an antisemite.”
Oren Segal, the ADL’s vice president of counterextremism and intelligence, told the Jewish Telegraphic Agency that his organization had been concerned about the “normalization” of Carlson’s views, including his rhetoric on the USS Liberty attack.
“No one’s been a bigger boon to the USS Liberty conspiracy of late than Tucker Carlson,” Segal said.
Following Carlson’s remarks at Amfest, the annual conference of the right-wing group Turning Point USA’s, the ADL denounced conspiracy theories about the attack that it said had swirled for decades.
“Despite official findings that the attack was a tragic case of mistaken identity, these narratives continue to be amplified by actors seeking to inflame distrust and undermine U.S.-Israel relations,” the ADL said in a post on X.
At the conference, the Jewish pundit Ben Shapiro was also asked about the attack by an audience member, and responded that “the vast majority of people who bring this up are doing so to suggest that Israel deliberately attacked an American ship because Israel deliberately wants to harm America.”
Some of Massie’s fellow critics of Israel praised him for bringing up the incident on the floor of Congress on Monday.
“Thank you Thomas Massie for recognizing the heroic members of the USS Liberty, which was attacked by Israel, where 34 crew members were killed and 174 were wounded,” tweeted Marjorie Taylor Greene, the former member of Congress. “Why did our ‘greatest ally’ attack us??”
Other right-wing figures, including at least one member of Congress, criticized Massie’s gambit.
Rep. Dan Crenshaw of Texas tweeted that he had previously believed that Massie was “standing on heartfelt principles and had intellectual backing” even as they did not always agree.
“But comments like this make me question his authenticity,” Crenshaw wrote. “The USS Liberty incident is a tragic one, but it’s an incident with a clear conclusion if one uses any objective analysis of the facts. … Perhaps we are simply witnessing another example of the irresistible incentive to jump on the bandwagon of grifters that guarantee you a specific kind of social media audience and attention that ultimately results in profits.”
Adam Mossoff, a former legal fellow of the right-wing Heritage Foundation, took aim at Massie’s address in a post on X, writing that the Kentucky Republican had “fully gone down the rabbit hole of antsemitism and Jewish conspiracy theories — via the modern American antisemite’s favorite boogeyman, Israel.”
“For the American woke left and woke right, the USS Liberty is the equivalent of the Dreyfuss Affair in France,” Mossoff wrote. “It’s the cause celebres of nationalism and bigotry in which history’s greatest villains — the Jews — can be smeared again with nefarious and evil motives.”
This article originally appeared on JTA.org.
The post Thomas Massie calls for USS Liberty probe, elevating anti-Israel conspiracy theory to House floor appeared first on The Forward.
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Tribeca Festival denounces pro-Israel celebrities’ red-carpet jokes about Israeli dog rape allegations
(JTA) — The Tribeca Festival has denounced jokes alluding to allegations of rape against Israeli prison guards made on the red carpet by the comedian and actor Elon Gold and pro-Israel influencer Lizzy Savetsky.
The two Jewish figures made the jokes at the world premiere of Gold’s new film “The Wedding Entertainer (The Tale of Moishe Badhan)” on Thursday, and Savetsky included them in a highlights reel that she posted to Instagram on Friday.
In the reel, Gold notes that it’s significant that the Tribeca Festival, one of the most prestigious film festivals in the world, included a movie that was made in Israel. The implication was that at a time of surging anti-Israel sentiment, he would not have expected films with an Israeli connection to be admitted.
Then he joked about his time in Israel: “I was only raped by two Israeli dogs.”
Savetsky responded, “I thought they only raped Palestinians.”
“No,” Gold answered, laughing. “I got also a dog.”
The pair were alluding to allegations of sexual abuse by Israeli prison guards against Palestinian prisoners that The New York Times columnist Nicholas Kristof surfaced in an opinion column last month. One of the most sensational claims, which Israel rejected along with all the others, was that Israeli prison guards use dogs to rape prisoners.
After the comments drew criticism online, the Tribeca Festival said in a statement Saturday that it “unequivocally condemns the offensive and unacceptable remarks” made by Savetsky and Gold.
“Sexual violence and human suffering should never be mocked or minimized,” the festival said. “The comments do not reflect the Tribeca Festival’s values, and we regret the hurt and offense they have caused. We have not been able to reach the filmmakers.”
Pro-Israel activists have condemned the column, Kristof and the newspaper for airing the allegations against Israel, and Israeli Prime Minister Benjamin Netanyahu threatened to sue the newspaper over the claims.
In an Instagram video response to a New York Times reporter asking for comment over email, Savetsky compared the allegations made in Kristof’s column to an antisemitic blood libel.
In a comment to the Jewish Telegraphic Agency, Savetsky denied that the jokes she made on the red carpet were “about rape” as the festival alleged.
“It was a joke mocking the NYT story with a horrific blood libel,” she said in a message to JTA. “Any other interpretation is ridiculous and a deflection from the actual issue here which is irresponsible journalism meant to villainize Zionists. Comedy and the arts have always been used to address real issues—the issue here should not be dog rape, which is biologically impossible, it should be the blood libel spread by the NYT.”
She added, “I stand by it with no regrets. The outrage only exposes how the press and those poisoned by anti-Israel propaganda will twist anything to blame the Jews … even when it means justifying a story with zero evidence about something biologically impossible.”
Gold, who also served as executive producer on the film, did not respond to JTA’s request for comment.
“The Wedding Entertainer (The Tale of Moishe Badhan)” is an Israeli comedy about a Hasidic ex-comedian who re-enters the comedy world after a battle with addiction to earn enough money to marry off his daughter.
This article originally appeared on JTA.org.
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