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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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In new ‘Fauda’ season, the aftershocks of Oct. 7, without a thought for Gaza
When Fauda Season 4 ended an eternity and a devastating war ago, our hero was at death’s door, reciting both the central prayer of Judaism, the Shema, and the Muslim Fatiha.
It was a cliffhanger with monumental implications for Doron Kavillio (Lior Raz), an Israeli Jew who spent his days undercover as a Muslim Arab — an identity crisis long in coming. Zoom out and you can see the doomed duality of Israel and Palestine, Jew and Muslim, connected in a cycle of death and more alike than they may seem.
Season 5 begins bilingually, with Hebrew and Arab definitions of the Arabic word Tha’r, blood revenge, “restoring violated honor or avenging injustice.” This concept is now the point of commonality — not how men pray, but how they seek revenge.
Welcome to a post-Oct. 7 Israel. Doron is in therapy, struggling to recall eight missing hours of his life on the day of Hamas’ attack on the Gaza envelope.
Comrades have left the country — Steve (Doron Ben-David) is protecting oligarchs in London, Sagi and Nurit are in Australia. Eli (Yaakov Zada-Daniel) is now Orthodox, living in a settlement and reeling from the murder of his wife and stepchildren at his now-torched kibbutz. When a Bedouin friend, Salem (Bian Anteer) who lost his son in the raid on Eli’s home, approaches him with a tip on the Nukhba fighter responsible, they depart for Marseille to answer the call of Tha’r.
It would hardly be Fauda if this act of vengeance didn’t give way to a much larger plot. Marseille is the staging ground for Saeed el Hatib (French-Algerian actor Hakim Djaziri), “the Sinwar of Europe,” who is recruiting sympathetic, white continentals for a fresh massacre in Israel.
Fauda has always made some viewers uncomfortable. Massively entertaining, bingeable to those of us who stream it in the Netflix aftermarket, its existence was premised on ongoing injustices in the West Bank and Gaza and the violence that bursts through their borders. (The BDS movement labelled it a “war-crimes glorifying” series;” Haaretz called it “morally dubious.”)
And yet as late as the last season it contained very real criticism of Israel’s conduct, including its costly campaigns to recover captured soldiers and the torture used to extract information on their whereabouts. The show always alluded to real operations — Cast Lead, Brother’s Keeper — in dialogue. But because it can’t merely mention an attack as raw and monumental as Oct. 7, and because it has no desire to question the response to it, it chooses to recreate its savagery.
Episodes 7 and 8, flashbacks to that day, are front-loaded with a trigger warning and a disclaimer that you can skip them and still be able to follow the main plot.
It’s hard for me to recommend those episodes. If not exactly atrocity porn, their central, race-against-time set piece is too anchored in recent events and constructed too much like an action movie. It feels in a sense exploitative, even if intended as a tribute. (To give them credit, both Lior Raz and his co-creator Avi Issacharoff, who said they “wrote from their trauma,” were on the ground helping the south of the country evacuate in the aftermath.)
The new season starts with the promise of complexity. It opens on a grieving Muslim father and shifts to a milksop accountant who worked for Hamas, seemingly tortured by Eli in a blind rage for a crime he didn’t commit. Could an excessive devotion to Tha’r, a tribal code of retribution, be the diagnosis of the show’s creators of Israeli society at this moment?
If it is, it’s not a critical one. The villains are the villains, and, most revealingly, they now number people with no connection to the conflict.
Hatib’s enlistment of white Europeans for a mass-casualty terror attack services a trite narrative of postcolonial guilt finding an outlet in the pro-Palestinian cause. It works on another level too: This fighting force is squaring off against Doron’s corps of Mizrahi Jews, whose mere presence dismantles the lie that Israelis are themselves all white colonizers, and that Israel and the European empire of yore are in any way analogous.
When, back at mission control, the counterterrorists speak of “suspicious-looking Europeans” who are “in their 30s,” the derision for this type of fellow traveller is palpable. Their standard bearer, Mélanie Laurent, formerly Tarantino’s “face of Jewish vengeance,” plays Anne, a blonde, “high middle-class Catholic French woman” who straps up with C-4, a keffiyeh ever-draped around her neck. Through her, and in a quite literal way, the show suggests the Western love affair with Palestinians — which in this season’s logic means Hamas — is misguided.
All the while, we never see Gaza, where much of Season 3 was set, with some among its population humanized. We never reckon with the destruction there. We hear about it, and a kind of lip service is paid to the crime of collective punishment — the sort that we hear at the end of almost every season — but it’s secondary to storytelling as elegy and justification. One could just have easily placed the Hebrew word Zachor before that first cold open: Remember what they did to us.
At one point, after a shootout with more blood spatter than I ever recall seeing on the show, Doron empties his clip into an enemy with the words “this is for October 7.” Seconds later, in a Shin Bet command room his handler Gabi (Itzik Cohen, whose between-seasons weight gain is a running joke) quips, a la Danny Glover in Lethal Weapon, “I’m too old for this.”
He’s not the only one.
In the past week I’ve chatted with some folks older than me — they don’t know each other and are largely to my right on Israel — who don’t relish the thought of another season. Not just because they don’t want to watch Oct. 7 reenacted, but because following the exploits of Israeli security agents has vastly different optics after the Hamas-Israel war, unprecedented settler violence and National Security Minister Itamar Ben-Gvir’s recently-stated ideal scenario of killing “30 or 40” Palestinians in Gaza each night.
This may well be the privilege of the diaspora, but the fatigue points to a shift in attitude that’s worth paying attention to. If these horrors are out of sight, out of mind this season, they’re top of mind to many who are watching — and many others who might have once tuned in.
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Armed attacker arrested after lunging at Ohio Jewish gubernatorial candidate Amy Acton
(JTA) — Ohio gubernatorial candidate Amy Acton, a Jewish Democrat, was unharmed following an attack by an armed individual at the sprawling Canfield Fair on Sunday.
Police arrested 38-year-old Patrick Havas, who had pushed his way through a crowd in a Democratic Party fairgrounds tent where she was speaking, the Mahoning County Sheriff’s Office announced on Sunday evening.
“While attending the Canfield Fair, an armed individual lunged at Dr. Acton, injuring multiple people,” Addie Bullock, communications director for the Acton campaign, said in a statement.
“This kind of violence has no place in Ohio,” Bullock added. “Dr. Acton will always stand up to the chaos, hate and vitriol that pits us against one another.”
Acton, who would be Ohio’s first Jewish governor if elected, is a former director of the Ohio Department of Health and completed residencies in both pediatrics and preventative medicine.
Republican Vivek Ramaswamy, Acton’s opponent in the upcoming election, released a statement condemning the attack on Sunday. His communications director, Connie Luck, stressed that “candidates should be able to meet with voters without having to worry about threats or violence.”
“What happened today is completely unacceptable and has no place in politics, and we hope that no one was hurt,” she added.
Havas had at first entered the fairgrounds tent and began recording Acton’s speech on his cell phone, but when he began pushing, Ohio State Highway Patrol troopers confronted him, according to the sheriff’s office. During the confrontation, two people were knocked to the ground and Havas was taken into custody by Canfield Fair police.
Following Havas’s arrest, police said they found two handguns and a set of brass knuckles in his possession, although no weapons were ever brandished or removed from their holsters.
Detectives on Sunday night added that they’d be continuing the investigation and would be filing charges after consulting with the Mahoning County Prosecutor.
The Canfield Fair, established in 1846, describes itself as the third-largest county fair nationwide. The fairgrounds, located about 75 miles southeast of Cleveland, sits on 353 acres of land and houses more than 60 buildings.
This article originally appeared on JTA.org.
The post Armed attacker arrested after lunging at Ohio Jewish gubernatorial candidate Amy Acton appeared first on The Forward.
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Far-right win in Germany regional race sends shockwaves through Europe
(JTA) — A victory for Germany’s far-right party in an eastern federal state has reverberated across the globe, exposing the widening rifts between alarmed centrist leaders and insurgent nationalist movements in Europe.
The Alternative for Germany (AfD) party won 43.8% of the vote in an election in Saxony-Anhalt on Sunday, crushing the center-right Christian Democratic Union (CDU), German Chancellor Friedrich Merz’s party, which held 17.2% support, according to preliminary figures.
The AfD is now heading toward 39 seats in Saxony-Anhalt’s 83-seat state parliament. It’s expected to fall 3 seats short of an outright majority, leaving open the question of whether it can form Germany’s first far-right state government since World War II. The party has proposed a sweeping nationalist agenda that includes deporting immigrants, defunding “anti-German art” and teaching children less about the country’s Nazi past.
Merz told reporters in Berlin on Monday he was “deeply shocked” and “unsettled” by the results, which he said rippled through the rest of the country and the world. He added that it was impossible for Germany to “go back to business as usual” after so many voters in Saxony-Anhalt chose a party that “questions the democratic institutions in our country.”
The results dealt the CDU its “most severe defeat” in decades, conceded Merz, who leads the party once headed by former German Chancellor Angela Merkel.
Merz said that he was searching for answers to “why far-right populism and far-right extremism was able to rise in such a rapid manner,” suggesting that his party may have underestimated the “fears of our population” amid economic crises and rapid technological change. He said that minorities in Saxony-Anhalt would be particularly vulnerable under an AfD government, but noted that the state would still have obligations to follow federal law, including regarding immigration policy.
Merz also directed his message to the rest of Europe, saying that Germany had a “special responsibility because of its history” to keep its political order “deeply anchored in Europe.”
Despite the scale of the CDU’s defeat in Saxony-Anhalt, Merz ruled out stepping down, saying, “Giving up is not an option.”
Though Saxony-Anhalt is one of Germany’s smallest regions, home to some 1.7 million voters, its election results quickly sent shockwaves through other European countries whose leaders, like Merz, are fighting to fend off far-right, anti-immigrant parties in national elections next year.
French Europe Minister Benjamin Haddad called the AfD’s regional win a “grave moment in Europe” and said that “nationalism and xenophobia will never be a solution.”
“We cannot forget our history,” said Haddad, an ally of centrist President Emmanuel Macron. “That is the meaning of the choices made by France and Germany.”
France’s government faces its own fears of a right-wing populist wave. Marine Le Pen, the head of the far-right National Rally, has dwarfed all other candidates in polls heading into France’s presidential election in 2027, when term limits force Macron to step down.
Across the Channel, British Chief Secretary to the Treasury Emma Reynolds said in an interview on Times Radio that the U.K.’s Labour government “will not be reaching out to a right-wing populist party.” She added that she put the AfD in “the same political bracket” as Reform UK, the far-right party that surged in local elections earlier this year.
Polish Prime Minister Donald Tusk also condemned the AfD’s victory. The far-right party has alarmed Poland, Ukraine’s neighbor, with its pro-Russia stance, as it seeks to halt Germany’s military aid to Ukraine and sanctions against Russia.
“In Poland, only idiots or traitors can rejoice at the triumph of the AfD in Germany,” said Tusk.
Meanwhile, the AfD was cheered by nationalist, anti-immigration party leaders in Spain, Portugal and the Netherlands, all of whom have sought to capitalize on economic and social grievances similar to those that contributed to the AfD’s victory Sunday.
Santiago Abascal, the head of Spain’s far-right Vox party, called the result “a great hope for Germany and for Europe.”
André Ventura, the founder of Portugal’s far-right Chega party, said that “the Germans too are opening their eyes against illegal and uncontrolled immigration, corruption, and the capture of our freedom and identity.”
And in the Netherlands, the AfD received a “Congratulations” from the far-right Party for Freedom’s leader, Geert Wilders.
While President Donald Trump has yet to officially respond to the Saxony-Anhalt election, he posted a screenshot of the results without comment on his Truth Social account Sunday night.
Trump’s post was shared by Kirill Dmitriev, a Russian presidential envoy and businessman, who said the AfD scored a “historic win” that would “put migration under control.”
Elon Musk, the billionaire and former Trump adviser who campaigned for the AfD last year, gave his support to the national party leader Alice Weidel on X, which he owns, writing “Well done” in German.
Ulrich Siegmund, the AfD’s candidate in Saxony-Anhalt who hopes to become the state premier, responded by praising Musk.
“Thank you, @elonmusk, for your support and for your clear and highly important perspective on the political developments of our time — including here in Germany,” he wrote.
This article originally appeared on JTA.org.
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