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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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Circumcision could be ‘child abuse’ if done wrong, UK prosectors warn after deaths
(JTA) — British Jews are weighing in after authorities said they are considering deeming some circumcisions “a form of child abuse” following deaths from the procedure.
The Crown Prosecution Service, the region’s chief agency for criminal prosecutions, said that while male circumcision is not a crime, it may constitute child abuse “if carried out incorrectly or in inappropriate circumstances,” according to a draft document seen by the Guardian.
This document, which looked at circumcision as a potential “harmful practice” alongside virginity testing, breast flattening and exorcisms, has driven heated debate among Jewish and Muslim leaders since it was revealed this week.
The draft guidance follows a coroner’s report from Dec. 28 about Mohamed Abdisamad, a 6-month-old boy who died in London from a streptococcus infection caused by his circumcision in 2023.
The coroner warned of “a risk that future deaths could occur unless action is taken,” noting that “any individual may conduct a Non-Therapeutic Male Circumcision (NTMC) without any prior training.” He said there was no system to ensure that people who conduct religious circumcisions have accreditation or meet requirements for infection control.
In the past, another coroner raised similar concerns over the 2014 death of Oliver Asante-Yeboah, who developed sepsis after his circumcision by a rabbi. Male circumcision was a factor in 14 deaths in England and Wales since 2001, half of them men over 18 and half boys under 18, according to the Office for National Statistics.
Unlicensed circumcisions are a subject of mounting scrutiny in Europe, raising alarm in some Jewish communities. In May, Belgian police raided three homes in Antwerp as part of an investigation into illegal ritual circumcisions. And in 2024, a rabbi from London was arrested and imprisoned in Ireland for allegedly performing a circumcision without required credentials.
Some Jewish leaders swiftly condemned the Crown Prosecution Service document.
“Calling circumcision child abuse is fundamentally antisemitic,” said Gary Mond, founder of the Jewish National Assembly, to the Jewish News Syndicate.
Jonathan Arkush, co-chair of the Milah UK group that advocates for Jewish circumcision, told the Guardian that the document’s language about circumcision was “misleading” and he would be in touch with the prosecutors.
“The incidence of complications in circumcision performed in the Jewish community is vanishingly rare,” he said. “Circumcision is a core part of our identity.”
Other Jewish voices have urged action to enforce medically safe circumcisions. Rabbi Jonathan Romain, who oversees Reform Judaism’s religious court in Britain, said it was “time to clamp down on rogue practitioners” and called for mandatory training, monitoring and annual reports on the practice.
“Given that it is a longstanding and important tradition among Jews, Muslims and various other cultures, the best way forward is to only permit circumcision if it is practised by someone specifically qualified for it and who belongs to a nationally accredited scheme,” Romain said in a letter to the Guardian.
The Muslim Council of Britain also told the Guardian that it supports strengthening safeguards.
“Male circumcision is a lawful practice in the UK with recognised medical, religious and cultural foundations, and it should not be characterised in itself as child abuse,” said the group. “However, where procedures are carried out irresponsibly, without proper safeguards, and cause harm, they may rightly fall within the scope of criminal law.”
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Tulsa’s Jewish community pushes back on Oklahoma Jewish charter school proposal
(JTA) — Leaders of Tulsa’s Jewish community are publicly pushing back against a proposal to open a publicly funded Jewish charter school in Oklahoma, saying the plan was developed without meaningful local input and could destabilize existing Jewish institutions.
In a joint statement released this week, senior figures from Tulsa’s synagogues, Jewish day school and community organizations said they opposed efforts by an outside group to create what would become the only religious school in the country entirely funded by taxpayers — an arrangement whose constitutionality is contested.
“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 statement said. “To bypass community consultation in favor of an externally driven initiative is a serious error.”
The statement was signed by leaders from across Tulsa’s Jewish community, including the executive director of the Mizel Jewish Community Day School, rabbis from two Tulsa synagogues, and the head of Jewish Tulsa, the local federation.
The response follows an application by the National Ben Gamla Jewish Charter School Foundation to open a statewide online charter school that would combine Oklahoma academic standards with daily Jewish religious instruction.
Ben Gamla was founded by former U.S. Rep. Peter Deutsch, who told the Oklahoma Statewide Charter School Board on Monday that many families in the state are looking for a religious education option.
“There are a lot of parents that are looking for a sort of a faith-based, rigorous academic program,” Deutsch said.
Tulsa Jewish leaders rejected that claim. In their statement, they said Oklahoma already has Jewish schools and synagogue programs and that they were never consulted about any unmet need.
“Our local boards, organizations and donors have invested heavily in our local Jewish educational system through a dedication to learning,” the statement said, citing the day school and other community programs.
The application also raises a larger legal issue that board members openly acknowledged.
At Monday’s meeting, board chairman Brian Shellem said there was an “elephant in the room” given the board’s recent approval of another religious charter school — the St. Isidore of Seville Catholic Virtual School — which was later ruled unconstitutional by the Oklahoma Supreme Court and left unresolved after a 4-4 split at the U.S. Supreme Court.
Ben Gamla’s lawyers say that split leaves the door open.
“The exclusion of religious charters based on faith violates [U.S.] Supreme Court precedents that ensure equal access to public education for everyone, regardless of religion,” Eric Baxter, a senior lawyer at Becket, the religious-liberty firm representing Ben Gamla, said in a statement.
Baxter said Peter Deutsch consulted with local rabbis and parents during visits to Oklahoma in 2023.
“Contrary to claims of no engagement, Peter Deutsch consulted with local rabbis and parents during exploratory visits in 2023,” Baxter said. “Far from bypassing the community, Peter’s proposal builds on those consultations to expand faith-based choices for families, and we urge the Board to assess it on its merits.”
When asked who specifically Deutsch consulted with and whether here has been any consultation since then, Becket did not provide details. Instead, a firm spokesperson accused local Jewish institutions of trying to block competition.
“Sometimes, institutions that see potential new competitors will attempt to keep those competitors out of the market for educational providers,” said Ryan Colby, a spokesperson for Becket. He added, “While the Jewish Federation is entitled to its own opinions, it does not speak for all Jews.”
Colby added that Deutsch has spoken with Jews who support the proposal and said he expects non-Jewish families would also enroll.
The Oklahoma Statewide Charter School Board is expected to vote on the application as early as soon as its next monthly meeting on Feb. 19.
The post Tulsa’s Jewish community pushes back on Oklahoma Jewish charter school proposal appeared first on The Forward.
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Travel disrupted, fears elevated as Israel weathers uncertainty over potential US strike on Iran
(JTA) — Several European carriers canceled flights to Tel Aviv on Wednesday as turmoil over a potential U.S. strike on Iran roiled the skies and elevated fears in Israel.
President Donald Trump has threatened for days to intervene in Iran if the government proceeds with plans to execute protesters who have staged weeks of demonstrations against the autocratic religious regime there. Thousands of protesters have been killed in the streets, according to both government and opposition sources, and Tehran had planned a first execution of a protester arrested during the demonstrations on Thursday.
That execution was postponed amid sharp pressure from the United States, as signs piled up that Trump may plan to go forward with a military option against Iran. U.S. planes have moved within the region, several countries including the United States have urged nonessential personnel to leave the region and Iran briefly closed its airspace on Wednesday night.
On Thursday, reports emerged that Gulf states had talked Trump out of an imminent attack. But the uncertainty — and the recollection that Trump had appeared to waffle before striking Iran last year — has escalated fears in Israel, which is the Islamic Republic of Iran’s sworn enemy.
Iran and Israel fought a deadly 12-day war last year. This time, Israel and Iran have reportedly exchanged assurances, via Russia, that they would not strike each other first, but Iranian officials have said they could attack Israel alongside U.S. targets if Trump strikes Iran.
Daily life in Israel has not been interrupted, but Israelis are on high alert for a potential rehash of last year, when Iranian missiles sent them running to safe rooms multiple times and killed dozens of people.
So far, Lufthansa canceled some flights, then announced that it would revamp its schedule to prevent its employees from being in Israel overnight, when any Iranian retaliation is seen as more likely. A flight from New York was delayed on Wednesday while its carrier reportedly changed its route, igniting fears that the tensions had moved into a new phase. And some travelers have opted not to press on with their Israel trips, fearing being stuck in the country if conditions deteriorate.
At the same time, Israelis and Jews around the world, including tens of thousands of Persian Jews who fled following the ascendance of the Islamic Republic in 1979, are rooting for the protesters and against the regime. The American Jewish Committee issued a statement late Wednesday in support of the protesters.
“The international community has a moral responsibility to act in solidarity with the Iranian people and to advance a safer region and a more peaceful Middle East,” the organization said.
The post Travel disrupted, fears elevated as Israel weathers uncertainty over potential US strike on Iran appeared first on The Forward.