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 parts of the Orthodox world, racist rhetoric has been normalized.
Rabbis speaking from the bimah refer to Palestinians as Amalek. Calls to block humanitarian aid are incorporated into divrei torah. One might hear that “Smotrich, Ben-Gvir and their parties speak for the great majority of the religious Zionist community” — a terrifying normalization of religious extremists — or even that the Palestinian people do not exist.
We know where this kind of rhetoric leads. After undercover Israeli border police killed four members of the Bani Odeh family as they drove home from a shopping trip in Nablus in mid-March, one of the two surviving sons recounted being pulled from the car and beaten by a soldier who told a friend, “we killed the dogs.” That boy is only 11 years old; he will live the rest of his life with the memory of seeing his parents and two of his siblings killed in front of him.
The scale of Palestinian suffering in Gaza and the West Bank cannot be justified or ignored. However, in much of the American Orthodox and observant Jewish community — of which both of us are proud members — this pain is barely acknowledged, let alone condemned.
We know that these are deeply painful times for Israelis, who have endured two years of terror, fear and loss. But we believe our community has a moral imperative to empathize with Israelis and Palestinians alike — not one at the exclusion of the other.
The silence we see in our communities is neither incidental nor neutral. It is structural and communal, reinforced by political and institutional pressures.
Our tradition teaches “shetikah ke-hoda’ah” — that silence is tantamount to approval. We have seen this truth manifest in our modern world, through political upheavals like the #MeToo movement and the continuing Jeffrey Epstein scandal. These moments have proven that silence in the face of known misdeeds is not neutral.
Yet even with this clarity, too many forces in our community currently push for silence when it comes to the suffering of Palestinians. Among them are demands by funders who see supporting Israel as inconsistent with holding empathy for Palestinians, and cultural norms that suggest unquestioning support for Israel is a central principle of contemporary Orthodox life.
This communal silence allows us to ignore scathing reports of Israeli human rights and international law violations, including many issued by Israeli nonprofits such as B’Tselem, Physicians for Human Rights Israel, Yesh Din and Peace Now.
What fills that vacuum should alarm anyone committed to principles of humanity and basic decency.
As Rabbi Chaim Seidler-Feller warned at a recent conference organized by Smol Emuni, the Orthodox left group we co-founded, if we cannot speak against Israeli war crimes or settler violence “it appears as if Judaism supports the massacre of innocents, the stealing of land and sheep, the burning of homes, the uprooting of olive trees, and the murder of children.”
Our tradition has been distorted by those, like Ministers Itamar Ben-Gvir and Bezalel Smotrich, who speak the language of revenge and supremacy.
Now, more than 900 days after the Hamas attack of Oct. 7, it is time for the Orthodox community to refocus on the heart of our tradition. We must answer the biblical question: What does God demand of us right now?
How do we, as religious Jews, respond to horrific violence perpetrated by Jews? How do we face this historical moment in which Jewish people have killed more civilians than ever in modern history?
The horror inflicted on the Bani Odeh family is not an isolated incident. It is part of a sharp escalation of Israeli military and settler violence against Palestinians in the West Bank. In March to date, seven Palestinians have been killed by Jewish extremists. That’s on top of the more than 68,000 people killed in Gaza during the war, including at least 20,000 children. (The total estimated death toll in Gaza includes both combatants and civilians.)
Where are the public reckoning with Jewish-led violence, and the demand for moral accountability? The sermons, communal statements, the school assemblies? Why aren’t rabbis invoking the most basic commandments: “thou shalt not kill,” “thou shalt not steal”?
Where is the Torah that teaches that every human being is created in the image of God? The Torah that commands us to “do justice, love kindness, and walk humbly before God”?
In many Jewish spaces, we acknowledge Jewish suffering, condemning Hamas, Iran, Hezbollah and antisemitism. But a moral and religious life demands that we ask not only what has been done to us, but what wrongs we have done to others.
We must create more communal spaces for pain to be heard and questions to be raised, a reprieve from the isolation many of Orthodox Jews horrified by Israel’s abuse of Palestinians experience in our communities. We must elevate voices within our tradition that reflect a different set of values, values centered on humility and compassion and a commitment to share the land with all those living on it. For every rabbinc teaching that celebrates force, we must quote others sources that demand kindness. When we hear “He who is kind to the cruel will become cruel to the kind,” we must answer “Walk in God’s ways — just as God is merciful, so too you must be merciful.”
And we must learn to listen to the voices of people on all sides of this conflict, even those that are unsettling. Because without hearing from others we cannot learn to live with them.
We co-founded Smol Emuni U.S. as a grassroots movement for those who share a deep commitment to and love for the land and people of Israel, and who believe in the essential Jewish principle that all humans are created in the image of God. We see the pursuit of justice and equality as an essential expression of Judaism. As Rabbi Mikhael Manekin, founder of HaSmol HaEmuni in Israel, often says “we are ‘smol’” — Hebrew for “left” — “not despite our faith, but because of it.”
Decades of occupation, ongoing war, and the erosion of Israeli democracy have not only strained Israeli society but strained Judaism itself. We need, in response, to invest in an Orthodox Judaism that is brave enough to be humble, and faithful enough to be self critical. We need a Judaism for those seeking an authentic Torah vision that insists that justice, equality and human dignity are not departures from our tradition, but its very core.
We need to pursue justice and teshuva returning to God’s call to “swerve from evil, to do good, and to pursue peace.”
The post The Orthodox world has abandoned its values by abandoning Palestinians appeared first on The Forward.
Dueling pro-Israel and anti-Israel demonstrations at McGill University in Montreal, Canada; May 2, 2024. Photo: ZUMA Press Wire via Reuters Connect
McGill University’s law school in Montreal, Canada lost the chair of its advisory board on Sunday, when he resigned from the position over what he described in a letter notifying the administration of his decision as an “escalating pattern of hostility toward Jewish students, faculty, and alumni.”
The immediate cause, wrote Jonathan Amiel, was the Law Students Association’s passing an academic boycott of Israel through a student referendum held on Saturday. If adopted as university policy, the measure would shutter partnerships with Israeli institutions, bar individual Israelis or known Zionists from holding teaching positions, and allow professors to refuse writing letters of recommendation for students applying to study abroad in Israel.
A majority, 57 percent, of students who participated in the referendum voted to approve it, with 67 percent of the student body casting ballots, indicating high turnout. It accused Israel of being an “apartheid” state and of perpetrating a “genocide” against the Palestinians, despite that the Palestinian Bureau of Statistics reports that the Palestinian population has “doubled about ten times since” Israel’s founding in 1948.
While a Jewish student is challenging the vote in court, as reported by the Montreal Gazette, its approval by the student body has, according to activists, left an impression on the Jewish community there while achieving a reverberant political victory for the student anti-Zionist movement.
“We are deeply concerned by the ongoing developments within student governance at McGill University Faculty of Law,” the Center for Israel and Jewish Affairs (CIJA), a Canadian Jewish advocacy group, said in a statement.
According to Amiel, last week’s endorsement of a boycott of the world’s lone Jewish state was part of a broader, troubling trend.
“The referendum is not an isolated event,” Amiel wrote in his resignation letter, which he since made available for public viewing. “An institution once defined by intellectual rigor and principled debate has, in too many instances, become an environment where being Jewish, identifying as a Zionist, or maintaining any association with the State of Israel carries professional and personal risk.”
He added, “This includes the normalization and, at times, glorification, of events marking acts of mass violence, the obstruction of students’ access to classrooms and university facilities, and the use of academic platforms to legitimize or advance extremist ideologies.”
Amiel also charged that the institution failed to discipline “conduct involving harassment or intimidation.”
McGill University was one of hundreds of schools where anti-Zionists organized to celebrate Hamas’s Oct. 7, 2023, massacre, in which the terrorist group’s fighters slaughtered, kidnapped, and raped Israeli civilians during their invasion of the Jewish state.
Their activities culminated in an anti-Israel encampment which spanned across four months and did not disband until long after the end of the 2023-2024 academic year. While McGill officials took steps to limit the freedom of action of the group which staged the demonstration, such as bringing the issue before a court and denouncing the “obvious antisemitism” of its members, Amiel’s letter suggests that the university has not done nearly enough to combat anti-Jewish harassment and discrimination on campus.
“The defining feature of this period has been an absence of decisive leadership at moments when clarity and resolve were required,” Amiel continued. “In that absence, direction has effectively been ceded to actors whose objectives are fundamentally misaligned with the university’s core academic mission.”
McGill University has denounced the outcome of the referendum, with president Deep Saini saying, “The effects here are antisemitic, and that plain fact must guide McGill’s response.”
Amiel’s resignation comes amid an ongoing crisis of pervasive antisemitism on campuses across the Western world.
Earlier this month, the Union of Jewish Students (UJS) released survey results showing that Jewish campus life in Great Britain is rapidly deteriorating. The group found that 47 percent of Jewish students report having heard their classmates justify the Oct. 7 massacre in which Hamas slaughtered civilians and committed mass rape; 23 percent have witnessed Jewish students persecuted over their identity; as many as 36 percent have either lost friends in this new milieu or know someone who has; and a shocking 40 percent report “having changed their journey through campus” to avoid anti-Zionist protests occurring every week at some universities.
Some of the report’s most concerning findings focused on anti-Jewish sentiments expressed by non-Jewish students. Twenty percent said they prefer not be roommates with a Jewish person, while a quarter of students surveyed believe that arguing that “Zionists control the media/government” does not constitute antisemitism. Responding to a separate question, 16 percent expressed approval of saying outright that “Jews control the media/government.”
“This report demonstrates that antisemitism on campus is not isolated but normalized,” Union of Jewish Students president Louis Danker said in a statement. “No Jewish student should have to face social ostracism, abusive language, or physical violence — there is a right to protest but not harass. If we are serious about combating extremism in Britain, we have to start on campus, where half of students have seen glorification of Hamas or Hezbollah. Concerned sentiments and piecemeal progress are not enough.”
The issue is no less severe in the US.
In February, the American Jewish Committee (AJC) and Hillel International reported that a striking 42 percent of Jewish students reported experiencing antisemitism during their time on campus. Of that group, 55 percent said they felt that being Jewish at a campus event threatened their safety. Meanwhile, 34 percent of Jewish students avoid being detected as Jews, hiding their Jewish identity due to fear of antisemitism.
According to the data, 38 percent of Jewish students said they decline to utter pro-Israel viewpoints on campus, including in class, for fear of being targeted by anti-Zionists. The rate of self-censorship is significantly higher for Jewish students who have already been subjected to antisemitism, registering at 68 percent.
“No Jewish student should have to hide their identity out of fear of antisemitism, yet that’s the reality for too many students today,” Hillel International chief executive officer Adam Lehman said in a statement released with the survey results. “Our work on the ground every day is focused on changing that reality by creating environments where all Jewish students can find welcoming communities and can fully and proudly express their Jewish identities without fear or concern.”
Follow Dion J. Pierre @DionJPierre.
Eden Golan, Israel’s representative at the Eurovision Song Contest, reacts during a press conference following the official unveiling of Israel’s song submission, in Tel Aviv, Israel, March 10, 2024. Photo: REUTERS/Carlos Garcia Rawlins
Eden Golan, who represented Israel in the 2024 Eurovision Song Contest, talked in a new interview about still experiencing anxiety, fear, and nightmares of threats against her life two years after the competition ended.
“I’m always afraid. I look in every direction like a security guard,” the 22-year-old Israeli singer said in an interview published on Friday in the “7 Nights” supplement of Yedioth Ahronoth. “I’ve had recurring anxiety since Eurovision: I walk into a place, a restaurant, or a show, and someone shoots me from behind. I have recurring nightmares of people chasing me and killing me. But I’m learning to live with it. No one will silence me anymore.”
Golan told Yedioth Ahronoth that she also still faces antisemitism almost everywhere she goes.
“Quite a few of my performances abroad had protests,” she explained. “In Switzerland they threw red paint at the entrance to the venue, supposedly to say the blood is on our hands. There was one protest with signs against [Israeli Prime Minister] Bibi [Netanyahu] and against me. After all the threats I received, there’s definitely fear for my life, but what could be worse than what I went through at Eurovision?”
Golan participated in the 2024 Eurovision in Malmo, Sweden, with the song “Hurricane” and finished in fifth place. The song was originally titled “October Rain,” but the name and its original lyrics were disqualified by the European Broadcasting Union (EBU), which organizes the Eurovision competition, for being too political since it referenced the deadly Oct. 7, 2023, Hamas terrorist attack in southern Israel.
Golan made it to the top five of the competition even after being booed on stage by anti-Israel audience members, facing death threats, and having a Eurovision jury member refuse to give her points because of his personal feelings against Israel’s military actions during its war against Hamas in Gaza.
Golan has also said she had to conceal her identity outside her hotel room in Malmo during the Eurovision contest because of the threats she received from anti-Israel activists, who were angry about the Jewish state’s participation in the international competition. At the time, the deputy director general of the EBU condemned the harassment that participating singers had experienced.
Noam Bettan is Israel’s representative in the 2026 Eurovision Song Contest, which will take place in Vienna, Austria, in May. He is competing with a trilingual song titled “Michelle.”