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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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New York lawmakers approve 50-foot buffer around houses of worship in challenge to Mamdani
New York legislators Tuesday approved a sweeping buffer zone measure as part of the state budget, in a measure that would establish criminal penalties for violations.
The legislation, proposed by Gov. Kathy Hochul and negotiated with the Democratic-led majorities in the state legislature, establishes a 50-foot security buffer around houses or worship and educational centers in response to or anticipation of a planned protest outside its premises. The bill would make it a class B misdemeanor — a low-level criminal offense — when a protester “knowingly or intentionally engages in a course of conduct that places that individual in reasonable fear for their safety.”
The measure defines a place of religious worship broadly, covering not only sanctuaries but also community centers and schools being used for services, education and religious observance. And it gives police the authority to establish a security perimeter beyond 50 feet, within which demonstrations are not allowed, when anticipating large protests or clashes.
“New Yorkers will be safer because of it,” Hochul said in a statement after its passage by the State Assembly. The incumbent Democrat is running for reelection this year and is making a play for Jewish votes.
The bill goes further than Hochul’s original proposal earlier this year, which called for a 25-foot buffer zone around religious institutions statewide. “We’ve seen demonstrations targeting faith communities outside synagogues, mosques and churches,” Hochul told reporters last month. “This is not free expression, this is harassment, and it has no place in the state of New York.”
The statewide approach contrasts with the New York City law that Mayor Zohran Mamdani allowed to become law without his signature in April. That measure, advanced by the City Council, requires the NYPD to develop safety plans for protests near houses of worship and manage access during demonstrations.
Civil liberties advocates and progressive groups had raised concerns about broad restrictions on protest activity. Mamdani, a strident Israel critic who faces scrutiny from mainstream Jewish organizations over his response to antisemitism and pro-Palestinian protests, vetoed a similar bill that applied to schools and educational institutions.
The City Council introduced a revised measure that does not apply to libraries, teaching hospitals, and colleges and universities.
Assemblyman Simcha Eichenstein, who represents the Orthodox-populated Borough Park neighborhood in Brooklyn, said the state intervention became “critically urgent” following Mamdani’s veto of the school safety reporting bill. “If New York City fails to take the necessary steps to protect vulnerable New Yorkers, the State of New York must act,” said Eichenstein.
A City Hall spokesperson did not immediately respond to a request for comment regarding the state law.
The push for buffer zones followed repeated disruptive protests since the Oct. 7, 2023, Hamas attacks on Israel and the war in Gaza, focused on synagogues hosting real estate sales of property in Israel and in the West Bank. In recent months, protests outside the Park East Synagogue in Manhattan and Young Israel of Kew Gardens Hills in Queens featured antisemitic slogans and chants that Zionist organizations view as antisemitic.
The mayor has not intervened to discourage demonstrations. Following a recent clash between protesters and supporters of Israel outside a synagogue in Brooklyn, the mayor emphasized his support of “the constitutional right to protest and counter-protest” peacefully, without intimidation or hatred.
Jewish organizations and Orthodox leaders had pushed for stronger protections, arguing that some protests outside synagogues crossed the line from political expression into intimidation and harassment.
The UJA Federation of New York thanked Hochul and the bill sponsors for demonstrating “strong leadership in their unwavering effort to help ensure safe access to critical community institutions and safeguard the right to worship free of harassment and intimidation.”
Opponents of restrictions are expected to seek legal challenges to statewide restrictions, based on concerns about infringement on free speech rights in public spaces. Hochul said last month she’d defend it in court.
Jews For Racial & Economic Justice, a progressive group aligned with Mamdani, called the state legislation “disgraceful” and “an astonishingly irresponsible course of action.” Sophie Ellman-Golan, a JFREJ spokesperson, said “it’s outrageous and dangerous” that Hochul and members of the legislature chose to criminalize protest “at a time when the federal government is actively persecuting activists and organizers” in the name of Jewish safety.
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Woody Allen’s biggest fans were easy marks for a fake monologue about antisemitism
Those still wondering “what would Woody Allen say about today’s antisemitism” were treated to what looked like an answer last week in the form of a viral monologue bemoaning the price of coffee in a roast of Ivy-educated anti-Zionism.
The only issue: It seems to be entirely fake.
The post, according to X, where the post first gained traction, was initially posted in Spanish by a pro-Israel writer named Simy Benarroch and was originally the work of a previous Russian writer named Rami Yudovin.
As hoaxes go, this one seemed credible at first glance. It’s hard not to read it in Allen’s nasal voice. It has his cadence, his references to philosophers and the inclusion of an intrusive female relative that are his hallmarks, leading many who didn’t believe this to be genuine to conclude a prompt was fed through an AI mimic. (It’s not the first time something like this has happened.)
But there are tells for those looking. See the fourth paragraph, in which Allen encounters protesters outside a synagogue: “I was walking through Brooklyn thinking about death.”
From a ripe young age, Allen has perseverated on the end, but walking through Brooklyn? Now? That far from the Upper East Side? I’m skeptical.
This could all, of course, be a rhetorical flourish. The types of woke stereotypes the author plays with, i.e.: “someone with a scarf [presumably a keffiyah], who looks like he writes poems about his own beard, explains to you — with help from Heidegger and Nietzsche — why the existence of Jews is a form of aggression and a threat to humanity,” have a home in his native borough.
The thrust of this argument, that pro-Palestinian protesters use the language of the academy to justify the oldest hatred is hardly novel. They are in fact facile to the point of tracking with Allen’s own “witch hunt” comments about #MeToo (for which he said he should be the poster boy; he achieved this in a sense, but not in the way he meant.)
But if this is any type of Allen, it’s one of his characters, not the man himself.
“My grandmother, by the way, lived through actual Nazis,” the author writes, of hearing a protester indulging in Holocaust inversion. “She hid in a basement in Poland with a man who coughed so hard the Germans could have found them just from the bronchial racket.”
Allen’s grandparents were in the U.S. during World War II, but nice line.
John Podhoretz slammed this forgery, remarking how the real auteur has been “shamefully silent since October 7.”
This is an odd kind of indictment, aside from not being strictly true.
Who, exactly, would Allen reach in his activism for Jews? Should he shift to advocacy, he would likely find the exact same audience that shared the fake and found themselves nodding reverently along.
Perhaps this bodes well for Allen’s continued influence on the segment of the population still dying to hear his insights. Woody Allen may be 90, cancelled and taking a break from making movies, but Woody A.I.len can live forever.
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U.S. launches attacks on Iran as negotiations over a peace deal drag out
(JTA) — The United States announced it had launched defensive strikes on Monday in Southern Iran, targeting Iranian missile sites and boats it believed were placing mines.
The move threatens to derail an already fragile ceasefire between the United States, Iran and Israel aimed at giving the U.S. and Iran space to hammer out a deal to end the hostilities. It also comes as U.S. President Donald Trump told several Muslim allies participating in consultations over a deal that they should normalize relations with Israel in exchange for the U.S. inking the agreement.
U.S. Central Command Spokesperson Navy Capt. Tim Hawkin said in a statement issued Monday that strike targets “included missile launch sites and Iranian boats attempting to emplace mines.”
He added that U.S. forces “conducted self-defense strikes … to protect our troops from threats posed by Iranian forces,” and that CENTCOM “continues to defend our forces while using restraint during the ongoing ceasefire.”
The attacks were conducted in the port city of Bandar Abbas around the strait of Hormuz, according to Iran’s Islamic Revolutionary Guard Corps, as cited by CNN.
The strikes came just 24 hours after President Donald Trump posted on his Truth Social platform that he had instructed his representatives to “not rush into a deal,” stressing that “time is on our side.” Trump emphasized in the message that Iran “cannot develop or procure a Nuclear Weapon,” a key aim of the American military effort but one the president had not referred to in comments over the weekend that a deal was close.
Trump noted in another post Sunday that the deal was not yet “fully negotiated,” but that if he makes a deal with Iran it “will be a good and proper one,” and that he does not “make bad deals.”
Trump’s comments came as several GOP voices have expressed concerns about a deal he said Saturday was “largely negotiated.” Trump’s posts Sunday came after Sen. Ted Cruz (R-Texas) posted on X that the reported terms of the agreement would be a “disastrous mistake.”
Trump also stated on Truth Social Monday that Muslim countries should “mandatorily” sign on to the Abraham Accords as part of any agreement to end the war between Iran and Israel.
He named Saudi Arabia, Qatar, Pakistan, Turkey, Egypt and Jordan, though he said it might be possible for a couple to be exempted.
Following the U.S. strikes on Monday, Secretary of State Marco Rubio told reporters in India Tuesday that the Strait of Hormuz has to be open, “one way or the other,” and that negotiations with Iran could “take a few days.”
Meanwhile, several media outlets reported that Iran announced Tuesday that it had executed Gholamreza Khani Shekerab for alleged espionage and intelligence cooperation with Israel.
This article originally appeared on JTA.org.
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