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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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Cooper Union settles antisemitism case with 10 Jewish students who were barricaded in library after Oct. 7
(JTA) — The Cooper Union has settled a Title VI case of antisemitic discrimination dating back to a highly publicized incident in which Jewish students were trapped in a school library by protesters after the Oct. 7, 2023, attacks.
The Manhattan engineering college has agreed to pay an unspecified sum to 10 affected Jewish students, create a Title VI coordinator position who will monitor cases “including discrimination or harassment based on antisemitism or anti-Zionism,” and ban masks at protests.
“This landmark settlement is the result of the extraordinary courage of the students who came forward to demand accountability from Cooper Union,” Ziporah Reich, an attorney with the pro-Israel legal group The Lawfare Project, said in a statement announcing the settlement. The Lawfare Project sued the school on behalf of the Jewish students.
Reich’s statement continued, “Jewish students deserve to learn without being targeted, harassed, or excluded because of who they are or what they believe. This case sends a clear message that universities have a legal duty to protect them and will be held accountable when they fail to do so.”
In a statement, Cooper Union’s president Steven W. McLaughlin said the settlement “reflects our ongoing commitment to maintaining a campus where every student in our community feels respected, safe, and included.”
McLaughlin, who became president last year following the resignation of the school’s previous president, continued, “We are dedicated to continuing our efforts to confront discrimination of any kind, including antisemitism, and to fostering a productive culture of curiosity and compassion. Settling this litigation is an important step as we move forward.”
Cooper Union Hillel/Midrash, a student-run Jewish organization that several of the plaintiffs belong to, did not immediately return a request for comment.
In the immediate weeks after Oct. 7, The Cooper Union was one of the first colleges thrust into the national spotlight for alleged antisemitic behavior on campus. Viral video showed Jewish students having barricaded themselves in the campus library for 20 minutes while pro-Palestinian protesters pounded on the doors and shouted slogans.
Under President Joe Biden, the Department of Education opened a Title VI civil rights investigation into the school. The Jewish students separately sued the school over their treatment, a suit The Cooper Union attempted to have thrown out. Last year a judge ruled the lawsuit could continue.
The settlement comes as the Trump administration has more aggressively prosecuted other elite colleges for fostering antisemitic environments, freezing federal grants and forcing large payouts. It also comes days after New York City’s new mayor, Zohran Mamdani, reversed an executive order for the city to adopt the International Holocaust Remembrance Association’s definition of antisemitism.
As part of The Cooper Union’s settlement, the private school’s new Title VI coordinator “will implement all applicable guidance” established under Biden to consider IHRA in discrimination cases, the school’s statement said.
The post Cooper Union settles antisemitism case with 10 Jewish students who were barricaded in library after Oct. 7 appeared first on The Forward.
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Following pressure from Jewish leaders, Australian PM Anthony Albanese announces inquiry into Bondi attack
(JTA) — Australian Prime Minister Anthony Albanese announced on Thursday the launch of a Royal Commission inquiry, the country’s highest level of inquiry, into the antisemitic terrorist attack on Bondi Beach last month.
The wide-ranging inquiry will also investigate the “nature and prevalence of antisemitism” in the country, provide recommendations to law enforcement to combat antisemitism and counter the “spread of ideologically and religiously motivated extremism in Australia,” according to a press release from the Prime Minister’s office.
“I’ve repeatedly said that our government’s priority is to promote unity and social cohesion, and this is what Australia needs to heal, to learn, to come together in a spirit of national unity,” Albanese told reporters on Thursday. “It’s clear to me that a royal commission is essential to achieving this.”
The announcement of the inquiry comes weeks after two attackers motivated by “Islamic State ideology” killed 15 people and injured dozens more at a Hanukkah celebration in Sydney. Until now, Albanese had largely dismissed mounting pressure from the victims’ families as well as Jewish groups to launch a Royal Commission.
“I’ve listened, and in a democracy that’s a good thing. To listen to what people are saying and what people are saying is, yes, we’re concerned,” Albanese told reporters. Last month, Albanese also announced a review of federal intelligence and law enforcement agencies.
In the government’s press release, it also pointed to its previous actions in the wake of the attack, which have included tightening gun ownership laws and introducing legislation to curb hate speech.
The president of the Executive Council of Australian Jewry, Daniel Aghion, said that the Australian government had “made the right decision” in establishing the royal commission in a statement.
He added that the group expected the commission to “allow an honest examination of government policies and the conduct and policies of key institutions and figures in major sectors of our society in contributing or failing to adequately respond to the unprecedented levels of antisemitism in Australia over the past two years or more.”
He added, “This is the only way that Australia’s time-honoured standards of decency and fairness can be upheld.”
The inquiry will be led by former High Court judge Virginia Bell, whose appointment raised concerns among some Jewish leaders in Australia who pointed to her role in a ruling that was cited by the New South Wales Supreme Court’s decision to overturn a ban on a pro-Palestinian march in August, according to the Sydney Morning Herald.
“The Prime Minister has been told directly by leaders of the Jewish community that they have serious concerns about this appointment,” said former treasurer Josh Frydenberg in a post on X. He did not elaborate on his opposition to Bell in the post.
Following the attack, Albanese also invited Israeli President Isaac Herzog to visit Australia. While the invitation was welcomed by the Executive Council of Australian Jewry, some Labor party members and progressive Jewish groups called for Albanese to rescind his invitation.
The announcement of the inquiry comes as Gefen Bitton, an Israeli living in Australia who was critically injured while trying to confront the Bondi attackers alongside Ahmed al-Ahmed, was slated to be flown to Israel on Wednesday for continued medical treatment.
It also comes as al-Ahmed, a Muslim man who received widespread support from the Jewish community after he was shot while disarming one of the attackers, was feted in New York City by the Chabad movement, whose emissaries were holding the Hanukkah event and were among the dead. Al-Ahmed arrived in New York City on Tuesday where he visited the Ohel, the gravesite of the Chabad-Lubavitch movement’s late leader Rabbi Menachem M. Schneerson, before being honored at a gala recognizing defenders of the Jews.
“Ahmed did what he did that day because he believed that God placed him at the scene for a reason, and that’s what gave him the strength to save lives,” Rabbi Yehoram Ulman, whose son-in-law, Rabbi Eli Schlanger, was killed in the attack, told Chabad.org. “This is something people from all walks of life can and must learn from.”
The post Following pressure from Jewish leaders, Australian PM Anthony Albanese announces inquiry into Bondi attack appeared first on The Forward.
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Trans screenwriter Our Lady J condemns anti-Zionism in LGBTQ spaces: ‘Zionism is not a dirty word’
(JTA) — Prominent transgender writer, actress and producer Our Lady J took aim at anti-Zionism within the LGBTQ community in a post on Instagram Tuesday.
“Until the LGBTQ community distances itself from all forms of antisemitism, including antizionism, our allies will continue to fall away, and we will remain defenseless in the face of attack,” wrote Our Lady J in the Instagram post.
The post, which at some point had its comments turned off, has ignited controversy in queer spaces, where anti-Israel sentiment has prevailed in recent years. “Check out Our Lady J’s Zionist page and unfollow them on Instagram,” wrote one user on X, while another referred to her as a “turncoat prick.”
Thousands of users also flooded the comment sections of posts from the LGBTQ magazine Them on Instagram and Facebook about her statement. “You can’t use trans rights etc to cover up a genocide,” wrote one user on Instagram.
In recent years, queer activism has grown increasingly aligned with anti-Zionist activism, a trend that has placed many Zionist Jews in the LGBTQ community at a crossroads. Over the summer, Pride celebrations were widely marred by debates over Israel. In Brooklyn, a Pride interfaith service was canceled allegedly over some groups’ opposition to the hosting synagogue’s “public alignment with pro-Israel political positions.”
In December, the pro-Israel LGBTQ group A Wider Bridge shut down its operations amid financial strain. While not cited as a reason for its closure, the group also faced criticism from other LGBTQ groups for “pinkwashing,” a claim that efforts to highlight Israel’s record on LGBTQ rights are used to distract from or justify its policies towards Palestinians.
Our Lady J grew up in an evangelical Christian family and, around 2015, became the first trans writer to be hired in a television writers’ room for the hit TV show “Transparent,” which follows the story of a Jewish family in Los Angeles whose parent comes out as trans. The show’s fourth season, while filmed in Los Angeles, shows the family traveling to Israel.
https://www.instagram.com/p/DTLV0AJCXLu/?img_index=1
In her post, Our Lady J claimed that “Zionists have always been at the core of LGBTQ progress,” citing prominent pro-Israel Jewish activists including Magnus Hirschfeld, Elizabeth Taylor, Larry Kramer and Eli Windsor.
“Zionism is not a dirty word. It is the belief in Israel’s right to exist as a Jewish state. Any definition of Zionism that aligns it with oppression or imperialism is a strategic attempt to undermine Jewish self-determination,” continued Our Lady J.
She concluded, “Not only does antizionism erode Jewish solidarity, it erases LGBTQ history, preventing us from understanding the foundation our own self-determination was built on.”
The post Trans screenwriter Our Lady J condemns anti-Zionism in LGBTQ spaces: ‘Zionism is not a dirty word’ appeared first on The Forward.