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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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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.
The post Far-right win in Germany regional race sends shockwaves through Europe appeared first on The Forward.
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How synagogues and Southern Jews came to mourn Robert E. Lee
In October 1870, mourning covered New Orleans.
The doors of the St. Charles Theater and Academy of Music were draped following the death of Robert E. Lee. Along St. Charles Street, saloons displayed signs of grief. Black and white cloth appeared on private homes, stores, banks and warehouses. The New-Orleans Weekly Times reported that “the rich and the poor vied with each other in their outward manifestations of grief.”
On Carondelet Street, the synagogue was draped too. Here at the Congregation Dispersed of Judah, the main door “presented a cloud of white and black draping.” Inside, the congregation’s spiritual leader, Rabbi Henry S. Jacobs, delivered a eulogy for Lee. He turned to Zechariah 11:2 and compared the dead Confederate general to a fallen cedar.
In Galveston, Texas, another Southern Jewish congregation went further. At what a newspaper described as an “Orthodox congregation of Israelites,” a prayer was offered for Lee’s soul. It asked God, “who resteth in the highest heavens,” to grant Lee rest beneath the wings of divine providence.
“We pray to the Almighty that He shall keep him under His wings forever,” the congregation prayed, so that “at the resurrection” Lee’s soul would be among those “prepared to live again.”
The synagogue memorials were not isolated expressions of grief. Many Southern Jews had supported the Confederacy, served in its army and shared their neighbors’ admiration for Lee. Lee had also developed a reputation among Jewish soldiers for respecting their religious practice during the war. Their mourning reflected both a Jewish community deeply embedded in the society around it and a particular memory of Lee that would endure for generations.
Fighting for the Confederacy, observing Yom Kippur
For Jewish soldiers, loyalty to the Confederacy and religious observance could exist side by side. Confederate officers sometimes accommodated those needs, and Lee himself corresponded with a Richmond rabbi about allowing Jewish soldiers to observe their holidays.
In September 1861, around 40 Jewish soldiers stationed at a Confederate army camp in Pensacola, Florida, received permission from General Braxton Bragg to observe the Day of Atonement. Newspapers across the South reported that as the soldiers prayed “to the God of their fathers,” they “forgot not the Government for which they have taken up arms.”
That same year, Rabbi Maximilian J. Michelbacher of Richmond reminded Jewish soldiers that Rosh Hashanah and Yom Kippur were approaching. A Richmond correspondent estimated that thousands of Jews were serving in Virginia and wrote that “no class of our citizens have responded more liberally to the treasury and army of the Confederacy than the Southern Jews.”
Michelbacher also corresponded with Lee about allowing Jewish soldiers time away from the army for religious observance.
In 1864, he asked that Jewish soldiers be allowed to return to Richmond for the High Holidays. Lee declined to grant a general furlough but told the rabbi that he would “gladly do all in my power to facilitate the observance of the duties of their religion by the Israelites in the Army.”
Individual applications, he said, could be approved when circumstances allowed.
An account recorded in the 1887 work Christ in the Camp: Or Religion in the Confederate Army by Reverend J. William Jones, a Southern Baptist minister and Confederate chaplain, described a captain rejecting a Jewish soldier’s request to attend religious services. The captain wrote that if such applications were approved, “the whole army would turn Jews or Shaking Quakers.”
Lee overruled the decision. He returned the request with advice that the captain “should always respect the religious views and feelings of others.”
In 1870, Lee visited Norfolk, Virginia. Among those who came to see him was Emanuel J. Myers, an 89-year-old Jew who had served under Napoleon I and received the French Legion of Honor.
A report in The Israelite, a Cincinnati Jewish newspaper, described Myers approaching with a “full flowing, snow beard,” his medal shining on his breast. The old soldier greeted Lee with “a hearty shake of a soldier’s hand.”
The newspaper called Lee the “brave hero” and “great chieftain.”
The Almighty, the reporter said, had allowed Myers to live long enough to “grasp the hand of one whom we all delight to honor.”
Lee died five months later.
Remembering Lee as a friend to the Jews
Decades later, Lee was still being invoked as a symbol of religious tolerance.
In 1914, Rabbi Henry Barnston of Temple Beth Israel in Houston referenced Lee’s defense of a Jewish soldier’s religious observance while speaking about the persistence of intolerance. Others used the story similarly. In 1922, The American Israelite put it on its front page beneath a simple headline: “General Lee Respected the Jews.” Four years later, Vanderbilt University professor Edwin Mims invoked Lee while arguing against religious bigotry. His words, Mims said, “ought to ring out in America today.”
Nor were these accounts confined to the South. A story about Lee’s respect for Jews appeared in The Wisconsin Jewish Chronicle in 1928. In 1930, University of Wisconsin president Glenn Frank spoke about it at a memorial for Lee while condemning intolerance in the South. “You cannot fight for even one hour in the ranks of intolerance,” Frank said, “without turning traitor to the memory of the great Lee.”
The story took on new meaning after the October 1958 bombing of The Temple in Atlanta. The explosion tore through the synagogue building after Rabbi Jacob Rothschild had become an outspoken supporter of civil rights. One person claiming responsibility invoked a “Confederate Underground.”
In an op-ed published afterward in The Arizona Post and other outlets, David Schwartz, a writer with the Jewish Telegraphic Agency, remembered the long history of Jews in Georgia and returned to the story of Lee defending a Jewish soldier’s religious observance.
“I don’t think Robert E. Lee would have liked to be associated with them,” he wrote, referring to the self-described “Confederate Underground” that claimed responsibility for the bombing.
Back in 1870, the synagogue memorials in New Orleans and Galveston had been part of a much wider response to Lee’s death. In Memphis, a newspaper remarked on the range of people who joined the city’s funeral procession, including Northerners, immigrants and “Hebrews,” writing that “none were found to show disrespect or even indifference.”
As plans emerged for an equestrian monument to Lee in Richmond, organizers proposed that on memorial days throughout the South, “every congregation, Christian and Hebrew,” make a contribution. The statue, erected in 1890, stood until 2021.
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