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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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Unarmed man who tackled Bondi Beach Hanukkah attacker identified as Ahmed al-Ahmed
(JTA) — Viral video circulating after the Bondi Beach Hanukkah attack showed an unarmed man racing toward one of the shooters and tackling him from behind before wrestling the gun from his hands.
The man has been identified as Ahmed al-Ahmed, the operator of a fruit stand in a Sydney suburb who happened to be in the area. He was shot twice but expected to survive.
“He is a hero, 100%,” a relative who identified himself as Mustafa told 7News Australia.
Chris Minns, the premier of New South Wales, the Australian state that includes Sydney, called the footage “the most unbelievable scene I’ve ever seen.”
He added, “That man is a genuine hero, and I’ve got no doubt that there are many, many people alive tonight as a result of his bravery.”
At least 11 people were killed during the attack on a Hanukkah celebration on Sunday night, with dozens of others injured.
The video shows al-Ahmed crouching behind a car before running up behind the shooter. After taking hold of the gun, al-Ahmed aims the attacker’s gun at him but not firing, as a second attacker fired on him from a nearby footbridge. No other first responders are visible in the video.
Moments after al-Ahmed takes hold of the long gun, a second person joins him. Then a man wearing a kippah and tzitzit, the fringes worn by religiously observant Jewish men, runs into the picture and toward the attacker, who is wearing a backpack. The Jewish man throws something at the attacker. The video does not make clear what was thrown or whether it hit its intended target.
After taking hold of the gun, al-Ahmed puts it down against a tree and raises his hand, apparently signaling that he is not a participant in the attack.
In his response to the attack, which killed a prominent Chabad rabbi among others, Prime Minister Anthony Albanese praised “everyday Australians who, without hesitating, put themselves in danger in order to keep their fellow Australians safe.” He added, “These Australians are heroes and their bravery has saved lives.”
The post Unarmed man who tackled Bondi Beach Hanukkah attacker identified as Ahmed al-Ahmed appeared first on The Forward.
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Bondi Beach witnesses, including antisemitism activist, describe grim scene after Hanukkah attack
(JTA) — Arsen Ostrovsky moved back to Australia from Israel two weeks ago to helm the Sydney office of AIJAC, the Australia/Israel & Jewish Affairs Council.
On Sunday, he was one of scores of people shot during an attack on a Hanukkah celebration at Sydney’s Bondi Beach. At least 11 people were killed, as well as one of the attackers.
Ostrovsky, who grew up in Sydney after leaving the Soviet Union as a child, was injured in the head and treated at the scene.
“It was actually chaos. We didn’t know what was happening, where the gunfire was coming from. I saw blood gushing from me. I saw people hit, saw people fall to the ground,” he told a local news station, his head bandaged with blood visible on his face and clothing. “My only concern was, where are my kids? Where are my kids? Where’s my wife, where’s my family?”
He said he had been briefly separated from his family before finding them safe. But he had seen
“I saw children falling to the floor, I saw elderly, I saw invalids,” he said. “It was an absolute bloodbath, blood gushing everywhere.”
The attack struck at a centerpiece of Jewish community in Sydney, home to an estimated 40,000 Jews, nearly half of Australia’s total Jewish population. At least 1,000 people had turned up for the beachside celebration on the first night of Hanukkah.
“There were people dead everywhere, young, old, rabbi — they’re all dead,” Vlad, a Jewish chaplain with the State Emergency Service, told a local TV station. “And then two people died while we’re trying to save them, because the ambulance didn’t arrive on time.”
He said the people who died were an elderly woman who had been shot in the leg and an “older gentleman” who was shot in the head.
“It’s not just people, it’s people that I know, people from our community, people that we know well, people that we see often,” said Vlad, who had covered his 8-year-old son with his body during the attack. “My rabbi is dead.”
The rabbi who was killed, Eli Schlanger, moved to Bondi Beach as an emissary of the Chabad movement 18 years ago. He was the father of five children, including a son born two months ago.
“He wasn’t some distant figure. He was the guy staying up late planning the logistics for a Menorah lighting that most people will take for granted. The one stressing about the weather. The one making sure there were enough latkes and the kids weren’t bored,” wrote Eli Tewel, another Chabad emissary, on X.
“He was just doing his job. Showing up. Being the constant, reliable presence for his community,” Tewel added. “And that’s where the gut punch lands: He was killed while doing the most basic, kindest, most normal part of our lives. It wasn’t a battlefield. It was a Chanukah party.”
The post Bondi Beach witnesses, including antisemitism activist, describe grim scene after Hanukkah attack appeared first on The Forward.
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I grew up believing Australia was the best place to be Jewish. This Hanukkah shooting forces a reckoning I do not want.
I grew up believing that Australia was one of the best places on earth to be Jewish. This country always felt like a gift: Extraordinary beaches, glorious wildlife, and a cultural temperament that values fairness and ease over hierarchy. For most of my life, my Jewishness in Australia was unremarkable. My parents and grandparents chose this place because it promised normality, and for a long time, it delivered.
So when I heard that there had been a mass shooting at Bondi Beach, at a Hanukkah event, my body reacted before my mind could catch up.
Gun violence is almost unthinkable in Australia. The country limited gun ownership after the Port Arthur massacre in Tasmania in 1996, when we made collective choices about who we wanted to be as a nation. That a shooting could happen here, and that Jews were the target, feels like a rupture in something we believed was settled.
At the time I write this, at least 11 people are dead, including a rabbi. Dozens more are injured. I recognise some of the names being circulated in prayer groups.
Rising antisemitism in Australia
Historically, being Jewish in Australia was not something that required vigilance, it was something you simply were.
Since October 7, that certainty has begun to fray. I have had the persistent feeling that something fundamental has shifted, and that the country I love is becoming less recognisable to me.
Many in Australia’s Jewish community mark Oct. 9, 2023 as the moment the ground moved beneath our feet. The protest outside the Sydney Opera House, where there were open chants of “Where’s the Jews” and “F–k the Jews,” at one of our country’s most iconic sites, with no arrests and no charges, felt like a breaking point.
The months since have been relentless with Jewish Australians assaulted, hateful graffiti, doxxing, Jewish businesses targeted, and a steady drip of hostility that causes us to question whether something is irreversibly changing for Jews in this country.
We have repeatedly reached out to our government, telling them that we do not feel safe. And yet, it has often felt as though these concerns are met with procedural gestures like more security funding, that never quite reach the level of protection and reassurance we are seeking.
When Australia wants to take a zero-tolerance approach to anything, it does so with gusto, ask anyone who lived here during the COVID-19 pandemic. Australian Jews do not feel that the Australian government is taking its approach to antisemitism as seriously as it should.
And so, here we are.
Bondi Beach now symbolizes death and disaster
Images of bodies on Bondi Beach are now seared into my mind. Bondi, the shorthand for Australian ease and sunlight and openness, has become a shrine to death and disaster for Australian Jews.
For most of my life, being a Jewish Australian has felt like a profound blessing. Today I feel something colder. I find myself asking questions that feel both irrational and unavoidable.
Is it foolish to stay in a country where Jews can be killed in public for lighting Hanukkah candles? Am I clinging to a story about Australia that no longer matches reality? Is it naive to assume that Jewish life here will stabilise, rather than continue to narrow?
These thoughts are frightening, but what frightens me more is how practical they suddenly feel. I am a parent, and I take my children to community events. The idea that attending a Hanukkah celebration could be a life-threatening decision is not something I ever imagined I would have to consider in Australia.
This moment forces a reckoning I do not want. It asks whether Jewish belonging in Australia is conditional. Whether safety is fragile. Whether the country my ancestors chose, and that I still love deeply, is willing and able to protect Jewish life.
As I type these words I feel grief not just for the dead tonight, but for a version of Australia that felt solid and reliable, alongside a growing fear that something essential about the way Jews have always lived in this country has already been lost.
The post I grew up believing Australia was the best place to be Jewish. This Hanukkah shooting forces a reckoning I do not want. appeared first on The Forward.