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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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New U2 album includes Israeli poem and a song about slain Palestinian activist
(JTA) — U2 frontman Bono delivered sharp criticism of Israeli Prime Minister Benjamin Netanyahu and lavish praise on Jewish tradition in an interview released Wednesday alongside the band’s new EP, titled “Days of Ash.”
The album — the first from U2 since 2017 — includes a song memorializing Palestinian activist Awdah Hathaleen, who was killed by an Israeli settler in the West Bank in July as well as a recitation of the anti-war poem “Wildpeace” by Israeli poet Yehuda Amichai.
“As with Islamophobia, antisemitism must be countered every time we witness it. The rape, murder and abduction of Israelis on Oct. 7 was evil,” Bono said. “But self-defense is not defense for the sweeping brutality of Netanyahu’s response, measured but the deaths of tens of thousands of Palestinians.”
Bono’s criticism of Netanyahu alongside the EP’s release comes months after the Irish artist broke his silence on the war in Gaza in August, writing at the time on social media that “the government of Israel led by Benjamin Netanyahu today deserves a categorical and unequivocal condemnation.”
In the immediate aftermath of Oct. 7, Bono had struck a different tone, standing out among other artists for paying tribute to the hundreds of “beautiful kids” murdered at the Nova music festival during a performance.
The new politically charged EP comprises six songs that address a series of high-profile deaths in recent years, including the killing of Sarina Esmailzadeh by Iranian security forces in 2022 and the fatal shooting of Renee Good by a U.S. Immigration and Customs Enforcement agent last month.
The Amichai recitation comes immediately before the song memorializing the death of Hathaleen, titled “One Life at a Time.”
In a wide-ranging interview about the band’s latest EP that accompanied its release, Bono lamented that Judaism was “being slandered by far-right fundamentalists from within its own community.”
He added, “While I’m someone who is a student of, and certainly reveres, the teachings in many of the great faiths, I come from the Judeo-Christian tradition and so I feel on safe ground when I suggest: There has never been a moment where we needed the moral force of Judaism more than right now, and yet, it has rarely in modern times been under such siege.”
Bono noted that another song on the EP, titled “The Tears of Things,” takes inspiration from a book of the same title by Richard Rohr, which Bono said made the case that “the greatest of the Jewish prophets found a way to push through their rage and anger at the injustices of the day … until they ended up in tears.”
Critiquing Netanyahu’s prosecution of the war in Gaza, Bono then cited the words of prominent Israeli historian Yuval Noah Harari, who has described the war in Gaza as a “spiritual catastrophe for Judaism itself.”
“As if all Jews are to blame for the actions of Netanyahu, Smotrich and Ben Gvir. … It’s insane, but the waters get even muddier when anyone criticizing the lunacy of the far right in Israel is accused of antisemitism themselves,” continued Bono.
The post New U2 album includes Israeli poem and a song about slain Palestinian activist appeared first on The Forward.
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HaKarot HaTov: Artificial Intelligence Can Never Replace Human Love and Wonder
Illustrative: Fourth grade students from Kibbutz Parod with certificates they received from the Israel Antiquities Authority for finding and turning in an ancient oil lamp. Photo: IAA.
One of the things that primary teachers regularly encounter is children calling them “mom” or “dad.” This is usually followed by serious embarrassment on behalf of the child, and possibly nervous laughter from their classmates.
Most teachers will just smooth incidents like this over, but the good ones will perhaps reflect on its underlying meaning — how in a very real sense for the child, they can temporarily become the child’s mother or father. It’s an expression of the incredibly important role teachers play in the lives of children, acting as the adult presence that bridges across from their family existence to their encounters with the larger world. This is what, unconsciously, children are tapping into when they mix up “mom” and “miss.”
Teachers are really important to kids — and the emotional investment that teachers make in children, and that children make in teachers, is enormous. Sometimes teachers can even provide the love and care that a child’s parents cannot. Teachers matter. Or at least they did.
What it seems the future holds, as AI models improve exponentially, is children each having their own AI-powered tutor responding in real time to their learning needs. AI’s ability to gauge the progress, challenges, and requirements of each child are likely far beyond anything a human teacher could ever hope to achieve. I don’t doubt that this is coming soon, and that many parents, and many governments, will be thinking of the undeniable benefits that these AI tutors will bring.
They don’t need a salary, they don’t need time off, and they can be there at any time of day. On top of that, millions of children are already using AI chat bots for emotional support. AI tutors will soon combine academic and emotional and pastoral support in one package. Unlike human teachers, they will never get tired, or angry, or disappointed, or get distracted from their charges’ needs.
We might wonder why any of this might be a problem. In a near future where robots will care for the elderly, do our shopping, and undertake surgery, and other AI bots will be our lawyers and accountants, as they already are our software engineers, why does it matter if children are taught by AI tutors?
Perhaps it doesn’t. Perhaps children and parents won’t be able to tell the difference, or even care if they can. Having human teachers won’t be important. Maybe we will just need a few humans to check if the AI tutors are on track to ensure that the kids of the future (or the kids of next year) learn enough to read and write, and to count well enough so that they don’t spend their universal basic income all at once.
I had a friend who was a great teacher who taught in Jewish schools in London. He died a decade ago, far too young. He was dyslexic and he told me how he used to share this with his pupils and get them to help him with his spelling on the board. A small thing perhaps, but I just think how much this communicated to those young people — about dealing with adversity, compassion, and empathy. I also remember how, when I was walking with him, we might bump into some of his old pupils. Always, they were so pleased to see him.
He was still “sir,” someone important in their lives, who had helped them navigate the path from their families, out to the world as independent adults. There was also, I would venture, something there that no robot teacher or AI tutor could ever truly have. That thing was love. The love that teachers bring to their work, that drives their professionalism and their commitment and care for the next generation.
Children know that teachers are not parents — that they only come into their lives for a short time and then leave. Yet they also know that just like their parents, teachers can love and care about them — really care about what happens to them. Children also learn how adults apart from their parents can, like my friend, not be perfect, and not know everything, but still set an example through their own behavior, and push them to achieve or keep going, even when it is challenging. They can feel how this connection with adults, with other human beings, molds and creates their adult selves.
Another thing that my friend’s pupils had was gratitude. As Dostoevsky wrote, gratitude is a fundamentally human quality, because someone has to give it, and someone has to receive it. But Judaism recognized this decades before the Russian literary geniuses of the 19th century.
The Jewish concept of HaKarot HaTov or “Recognizing the Good” means gratitude, but it also implies something transcendent — the wonder of just taking the time to stop and reflect on what we have. HaKarot HaTov teaches us that it’s through gratitude to other people that we come closer to G-d. Large language models and algorithms don’t have aims, or desires, or feelings. They can’t love. AI tutors quite literally are incapable of caring whether the children they work with live or die. They can’t receive gratitude from their students, or give it, not really, because there is no “them.” Perhaps we should think more than twice before we sign up to an education system where children have no one to say thank you to.
Joseph Mintz is Professor of Inclusive Education at UCL. Follow him @jmintzuclacuk. His views are his own and do not reflect those of his employers.
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The Palestinian Authority Just Paid ‘Pay-for-Slay’ Salaries to 8,000 Terrorists
The opening of a hall that the Palestinian Authority named for a terrorist who killed 125 people. Photo: Palestinian Media Watch.
The mask is off: The Palestinian Authority (PA) announced that 8,000 terrorist prisoner pensioners would receive their monthly Pay-for-Slay “pension” salary this week — and confirmations of receipt of the deposits are already being observed over social media.
A Palestinian social media post confirming Pay-for-Slay payments have gone out.
The minimum amount for such salaries is 4,000 shekels for terrorists who spent five years in prison. Going by that minimum, the PA just paid these terrorists — which constitute only one third of all Pay-for-Slay recipients — at least 32 million shekels — over US $10 million.
However, in actuality, this most conservative estimate is far lower than the amount that was likely paid out, as some of the more infamous terrorists released in recent hostage deals have spent 30 or more years in prison. Terrorists with such status receive at least 12,000 shekels each month.
A chart detailing Palestinian payments to terrorists.
One year after PA President Mahmoud Abbas promised the US, Canada, UK, Australia, and the EU that he was ending Pay-for-Slay, there is no escaping the fact that this was just another deception and a lie.
The PA remains an unreformed sponsor of terror.
The author is a contributor to Palestinian Media Watch, where a version of this article first appeared.