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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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Shots fired in Jewish neighborhood of Montreal
(JTA) — Montreal police said an alleged shooter in a neighborhood known for its large Jewish population had been “neutralized” after killing one police officer and wounding another officer and a civilian Monday.
“A suspect has been neutralized,” the official police account posted on X after advising residents Côte-des-Neiges to stay indoors. “Two police officers and one citizen have been injured. The police operation is still underway. Continue to avoid the area. Further details to follow.”
The Montreal Gazette later reported that the suspect and the civilian also were dead.
It was not clear if the intended targets were Jewish, but a Chabad emissary in the neighborhood told Ynet, an Israeli news site, that a nearby building was targeted and that he was sheltering about 100 people.
The Yeshiva World News news site posted a video of a SWAT team swarming around a home belonging to a family affiliated with Chabad, the Orthodox Jewish movement.
Côte-des-Neiges was the scene of postwar Jewish settlement as Jewish families ascending from the working to the middle class moved west from the area of St. Laurent Boulevard. The area, with treelined streets studded with duplexes and low-rise apartment buildings, had a friendly neighborhood ambience and lacked the anti-Jewish restrictions some of the wealthier enclaves maintained at the time.
There are a number of Jewish schools and synagogues in the area, including the Spanish and Portuguese synagogue, the oldest congregation in the country, established in 1768 and which moved to the neighborhood in 1947. The neighborhood is now the site of a large Chabad community and a number of Jewish restaurants and delis.
This is a developing story.
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Everyone was a fan of Clive Davis — even if they didn’t know it
Last September I spent about 30 seconds with Clive Davis in a crowded elevator.
I was in the Sony Building, having just seen a press screening of Richard Linklatter’s Blue Moon. The elevator was full of mostly young people — probably Sony employees — and some press. The doors pinged open and in stepped a man with two handlers and an adorable spaniel. I turned to a fellow journalist and whispered “That’s Clive Davis.”
Someone who knew Clive — enough to call him “Clive” — told him we’d just seen a movie about the creative breakup between lyricist Lorenz Hart and musical composer Richard Rodgers.
“Didn’t you play Janis Joplin for Richard Rodgers,” he asked Davis.
Davis replied with perfect comic timing: “Yes. He hated it.”
That anecdote tells us just how much Davis, the legendary music executive and producer who died Monday June 22 at the age of 94, changed the musical landscape.
Davis had been in the music business long enough to serve as a bridge figure between the Great American Songbook and the popular music of the latter half of the 20th Century. The artists he signed at CBS, and later Arista (he was ousted from the CBS/Columbia for allegedly using company money to finance his son’s bar mitzvah), are enduring icons even, in the case of Ms. Joplin, decades after their deaths.
But what hit me in the elevator was the feeling that not everyone there knew who he was. They did, of course, know the music: Pink Floyd, P!nk, Whitney Houston, Sly and the Family Stone, Barry Manilow, Neil Diamond, Leonard Cohen, Bruce Springsteen and Aerosmith, the very authors of “Love in an Elevator.”
It’s not overstating it to say that Davis’ influence across genres and his golden ear provided the soundtrack to American life. His own life was productive until the end.
He was in the Sony building because he was Chief Creative Officer at the company. A week before his death, the streets were thumping with a New York anthem from one of his late career discoveries: Alicia Keys.
Davis’ rise could be taught in Jewish Studies courses. Born in working-class Crown Heights, he — like Barba Streisand — was a graduate of Erasmus Hall High. He made good at NYU and got his law degree at Harvard.
He rose from the legal department at Columbia to become the company’s top tastemaker. Somewhere along the way he discovered Joplin — of a polar opposite disposition and background — and went from strength to strength.
Davis’ true triumph might have been just how adept he was at navigating everything the U.S. had to offer. The musicians he promoted had little in common save for his imprimatur.
In that elevator, which delivered us without much fuss to the lobby, there may have been people whose musical tastes gravitated to rock, R&B, jam bands, easy listening, guitar instrumentals and jazz.
Whether they knew it or not, Davis shepherded something they liked into existence. His genius was in recognizing genius.
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U.S. and Iran announce direct Lebanon track without Israel
(JTA) — Following tense high-level negotiations over the weekend, mediators in Switzerland announced Monday morning that Washington and Tehran have agreed on a 60-day roadmap toward ending the war.
The joint statement released by mediating countries Qatar and Pakistan also unveiled the creation of a Lebanon deconfliction mechanism. According to the mediators, this entails a direct U.S.-Iranian track to terminate military operations in Lebanon and includes the Lebanese government but not Israel. The mediators did not explain how that would operate or resolve the current hostilities between Israel and Hezbollah.
Throughout the weekend Jerusalem, which watched the talks and the announcement from the sidelines with concern, doubled down on its hardline stance against Iran and its proxy group Hezbollah.
Speaking to reporters in Switzerland Monday before returning to Washington, U.S. Vice President JD Vance clarified that Israel had the right to self-defense, but that “every other nation in the region has the right of self-defense” as well. The mechanism was to resolve direct violations of the ceasefire between Israel and Hezbollah, Vance explained, indicating that it augmented the ongoing diplomatic work.
“We also want to make sure that, you know, when things happen, they don’t spiral into a broader escalation,” he said, adding that “there really hasn’t been a mechanism to have those discussions until basically around 4 p.m. yesterday.” He said that the U.S. had been in constant contact with Israel on Sunday.
Prior to Vance’s statement, the Israeli government delivered its first overt criticism of the diplomatic efforts taking place at the Bürgenstock resort in Switzerland.
Addressing the Jerusalem News Syndicate Conference in Jerusalem Monday, Israeli President Issac Herzog said any negotiations to end the Israel-Lebanon conflict should be done by the two countries themselves and not “by Iranian extortion.”
He added, “Tying Iran to Lebanon not only leaves Israel exposed to constant threat; it leaves the Lebanese weak and powerless, and will prevent their president and government from moving forward.”
Herzog also noted that direct talks were already taking place between Lebanon and Israel in Washington under the auspices of the State Department. The next round of negotiations is scheduled for Tuesday, which Herzog said is designed to empower the Lebanese army to be the sole military force in its country. Hezbollah and Iran are not a party to those talks.
“The disarmament of Hezbollah must be inherent to any solution in Lebanon, and Iran cannot dictate the future of Lebanon – on these fundamental points there is full agreement between Israel and Lebanon,” Herzog stated.
He also thanked President Donald Trump for his efforts on Israel’s behalf, calling him “our closest friend and ally and leader of the free world.”
The Lebanese Presidency said Monday that President Joseph Aoun had received a phone call from US Vance, senior adviser Jared Kushner and Qatari Prime Minister Sheikh Mohammed bin Abdulrahman bin Jassim Al Thani, but did not clarify when that call occurred.
According to the Lebanese statement, the discussion focused on “consolidating the ceasefire in Lebanon, halting the Israeli military escalation, and the steps that must be taken in this regard, including the possibility of forming a cell for this purpose.”
The ongoing fighting between Israel and Hezbollah and the IDF’s presence in southern Lebanon has been a point of tension throughout the ceasefire deal between the U.S. and Iran. The shaky ceasefire has been in place since April 8 after Israel and the U.S. started the war on Iran at the end of February.
In early March, Iranian proxy Hezbollah joined in by attacking northern Israel. Jerusalem has maintained that the Lebanese front needs to stay separate and has continued to take aggressive retaliatory action against Hezbollah despite the U.S. imposing a separate ceasefire in Lebanon as well.
Meanwhile, Qatar and Pakistan said the U.S.-Iran memorandum included the establishment of a “High Level Committee” to oversee negotiations aimed at a roadmap “towards reaching a final deal within 60 days, laying the foundation for the immediate commencement of further technical talks” on Iran’s nuclear program, sanctions and dispute resolution. These were the first formal discussions as part of the new U.S.-Iran Memorandum of Understanding, with Vance representing Washington.
The vice president told reporters Monday that Sunday “was a very, very good day. We made a lot of good progress; we did exactly what we wanted to do,” including securing an agreement from Iran that inspectors from the International Atomic Inspection Agency be allowed back into Iran.
Negotiators also created a mechanism to ensure that the Straits of Hormuz remain open, Vance said, downplaying reports of disputes between the American and Iranian teams.
However, Iranian media reported that members of Tehran’s delegation briefly left the room during Vance’s remarks after learning that Trump was issuing threats against Iran following Iran’s announcement on Saturday that it planned to once again close the Strait of Hormuz.
Vance said it was true the Iranians had threatened to walk out, but in the end they stayed and negotiated until the early hours of the morning.
Trump told Fox News in a phone call on Sunday morning that he had spoken with Iran overnight and said that if the country closed the Strait, he would “blow the s— out of them.” Fox News also reported that Trump had said, “You won’t even make it back to your f—— country.”
Trump also posted on his Truth Social account on Sunday that unless Iran stops supporting Hezbollah, “We’ll hit Iran very hard again, just like we did last week, only harder!!!”
Iranian officials reportedly responded to what they termed U.S. “verbal threats,” saying that “any form of threat is considered a serious violation of the agreement.”
Iranian Foreign Minister Abbas Araghchi said Sunday the talks had delivered “major progress to end [the] Lebanon War,” and added that discussions included oil exports, sanctions relief, frozen Iranian assets and reconstruction plans.
On Sunday, however, Prime Minister Benjamin Netanyahu declared, “We will remain in the security zone in southern Lebanon for as long as it takes in order to protect the residents of the North.”
Vance on Monday said that Israel would have to withdraw, but only when it can do so safely. The Trump administration, he explained, hoped to reach a situation where both Lebanon’s territorial integrity and Israel’s security were protected, noting that Israel itself has said it doesn’t have permanent “territorial intentions” with regard to southern Lebanon.
In separate remarks at Sunday’s JNS International Policy Summit, Netanyahu said, “We have prevented Iran from carrying out a plan to annihilate us. We removed an existential danger.” He added, “We changed Israel’s security doctrine. We initiate. We attack. We surprise.”
Directly addressing the U.S.-Iran negotiations, he added, “No matter what happens in the talks, with an agreement, without an agreement, I pledge to you that Iran, as long as I am prime minister, will never have a nuclear weapon. Never.”
This article originally appeared on JTA.org.
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