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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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As the Bible and the news from the Strait of Hormuz tells us, our world is in dire straits
The most important traffic reports these days usually come from the Strait of Hormuz.
“Traffic through the Strait of Hormuz dropped significantly over the weekend, The New York Times reported, “as a four-day exchange of attacks between Iran and the United States left some shipowners deciding it was too risky to transit.”
What’s going on with the Strait of Hormuz affects gas prices, stock prices, Americans’ moods — and the world economy.
But what does “strait” mean, anyway?
The word has been with us for a long time, and intriguingly, it appears in many famous translations of the Torah. It also pops up in translations of the New Testament.
“Strait” comes from the Latin for “strict.” It first appeared in English in the 14th century, when, according to the Oxford English Dictionary, it referred to clothing — “a garment, etc.: Tight-fitting, narrow.”
Over time, the meaning changed a bit, but it always had something to do with narrowness. From 1561 to 1725, it meant: “Of bonds, a knot: Tightly drawn.”
As the centuries passed, it attracted the attention of poets.
”It matters not how strait the gate,” wrote William Ernest Henley in his poem “Invictus.” “How charged with punishments the scroll, I am the master of my fate; I am the captain of my soul.”
It turns out that Henley was kind of into the subject of what words meant.
“The poet, who was one of the leading slang lexicographers of his day, saw the gates of heaven as strait — tight, narrow, difficult to get through,” the late great language columnist William Safire observed in 1984, when he wrote a column on “strait” and “straits.”
Maybe Henley had the New Testament in mind, too.
Matthew 7:13 in The King James Bible advises: “Enter ye in at the strait gate: for wide is the gate, and broad is the way, that leadeth to destruction, and many there be which go in thereat.”
Today, according to Merriam-Webster, “strait” means “a comparatively narrow passageway connecting two large bodies of water — often used in plural but singular in construction.”
Henley, the poet, was using an archaic meaning — a narrow passage, without water.
In contemporary English, “strait” also has a secondary meaning — “a situation of perplexity or distress — often used in plural,” according to Merriam-Webster, but also according to anyone who has used the phrase “dire straits,” including, one would presume, the band Dire Straits.
Both physical and emotional space
“Strait” describes both a physical space — for example, a body of water — and an emotional space, like “dire straits.”
Perhaps that dual meaning is why the word “strait” appears in translations of the Torah. In the 1917 Jewish Publication Society translation, the Hebrew word tzar, or “narrow,” is translated as “strait.”
Consider 1 Samuel, 13:6, in the JPS translation from 1917:
“When the men of Israel saw that they were in a strait — for the people were distressed — then the people did hide themselves in caves, and in thickets, and in rocks, and in holds, and in pits.”
Tzar has both a literal descriptive meaning and a figurative emotional meaning. Sure, as an adjective, it means narrow, such as in the famous song about the entire world being “a narrow bridge” — gesher tzar me’od.
But as ki tzar lo in Samuel 1 6:13 demonstrates, it can also refer to a tough circumstance, a strait. Similarly, perhaps, in contemporary Hebrew, someone might say, tzar li, or “I am saddened.”
These multiple meanings might lead a person to the hazardous question of whether one should say the “Strait of Hormuz” in the singular, or “Straits of Hormuz” in the plural.
That was what fascinated Safire in 1984. Today, his take feels like a postcard from another time — but it’s also soothing in this moment of, well, dire straits:
“My advice,”Safire wrote. “Go with the familiar; follow your ear. If you’re happy with the Straits of Gibraltar or Magellan, use the final s; if the place name is new to you, let the gazetteer crowd have its way.”
“Hormuz is unfamiliar to most Americans, and the Strait of Hormuz is therefore the name I would use, going along with Gary Hart and the stylebooks,” Safire continued. “But retain the singular sense: ‘The Straits of Gibraltar’ is a passage.’ ‘’The Strait of Hormuz’ is the next Quemoy and Matsu.”
I liked being distracted for a moment from Iran and Trump with the mention of “Gary Hart.”
That nostalgia reminded me that today’s Strait of Hormuz news cycle, about a traffic jam for the fuel and food we need to live, is about both a location and a feeling.
Sure, the waterway may be physically open, or, at least of this writing, effectively closed because of fear, but its status has other meanings too — like whether the Iranian regime actually won this war, and whether that narrow space is also a symbol of future peril.
And in those multiple meanings, strait echoes the Biblical tzar —narrow, yes, but also dangerous.
In Hebrew and in English, narrowness, perilousness and sadness frequently go together, indicating a world or a situation that must be navigated carefully. Perhaps a word like strait — a little bit singular, a little bit plural — captures it all.
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Mamdani says ‘I can’t tell you I support’ Israel as a Jewish state
(JTA) — New York City Mayor Zohran Mamdani said he could not endorse states that privilege one religion over another, including Israel and Saudi Arabia, during a one-on-one interview with ABC’s Jonathan Karl on Sunday.
“Democratic Socialists of America now says they no longer favor a two-state solution. “Is that the way you see it as well? Karl asked in the interview, which came days after Mamdani’s endorsed Democratic socialist candidates for Congress swept their New York Democratic primaries.
Among them, Claire Valdez and Darializa Avila Chevalier campaigned on platforms that included opposition to U.S. military aid to Israel and support for Palestinian rights.
Mamdani replied to Karl: “The way I see it is equal rights for all people. And I think that that’s the truth for Israel. It’s the truth for any country in the world.”
When pressed by Karl that Israel is in fact a Jewish state and “that’s in the charter, that’s the way it is now,” Mamdani said he has consistently stated he supports “the state of Israel as a state with equal rights.”
However, he added, “I believe that any state that privileges one religion over the other is one that I can’t tell you I support, whether it be Israel or Saudi Arabia or anywhere else.”
The backlash to Mamdani’s comments was quick. In a statement Sunday, Ambassador Ofir Akunis, Consul General of Israel in New York, said, “Mamdani, we do not need your recognition of the Jewish state. If you knew a little history, instead of spending all day inciting and spreading hatred, you would know that Israel’s Declaration of Independence guaranteed full equality for all its citizens. That has been the reality since the day our state was established.”
Mark Dubowitz, CEO of the Foundation for Defense of Democracies think tank, posted on X, “Mamdani is either willfully ignorant or maliciously mendacious,” adding that “Israel has no official state religion.”
He also stated that there are multiple countries for which Islam is the state religion, with additional Muslim-majority countries declaring Islam as the state religion in their constitutions.
Karl also asked Mamdani about his broader views on Israel, which became a prominent issue during the New York Democratic primaries, particularly among candidates who support Israel and continued U.S. military aid.
Mamdani said voters made it clear that “they were tired of tens of billions of dollars being spent in our taxpayer dollars to violate international law to kill thousands of civilians.”
He added that currently “Palestine is described as if there is a ceasefire,” but more than 1,000 Palestinians have been killed during it. He said New Yorkers want to “follow international law, to believe in the humanity for all.”
Karl also pressed the mayor on the Poetica coffee shop incident in Brooklyn last week, where staff refused to take New York Democratic Rep. Dan Goldman’s money for a coffee purchase, calling him a “genocide enabler” because he supports Israel.
Mamdani said while he has “political disagreements” with Goldman (who lost his seat to Mamdani-backed Brad Lander), “I do believe that that’s a response that goes beyond that.”
And when asked about rising antisemitism in New York City, the mayor said that while Jews are a minority of the city’s population, they constitute a majority of victims of the hate crimes committed in the city. ”That’s something that’s unacceptable,” he said.
Akunis said, however, that “The surge in antisemitism across the United States, and particularly in New York, is the result of ignorance and a lack of knowledge, combined with a fundamental hatred of the Jewish people.”
He added, “I once again warn that Mamdani’s inflammatory rhetoric will end in very serious and violent acts against Jewish and Israeli communities throughout the city.”
This article originally appeared on JTA.org.
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In North Carolina, a memorial project will honor Martin Luther King and Holocaust victims
(JTA) — Two people lean down from an abstract version of a rail car. Their outstretched hands reach towards a family gathered around the car’s opening. The adults on the ground reach back, either to get help stepping into the car or to say good-bye.
That’s one side of the artist rendering of what will be a Holocaust monument. On the other side, train tracks lead to the entrance of the Nazis’ largest death camp, Auschwitz-Birkenau. A message across the top reads, “They were here. We remember.”
The sculpture by artists David Wilson and Stephen Hayes, called “In Transit: The Weight of Absence,” is emotional on its own. But what makes the project planned for Charlotte, North Carolina, especially noteworthy is what will be alongside it.
Charlotte is the planned home for what its organizers believe is the first memorial plaza in the United States to both honor Dr. Martin Luther King Jr. and remember the Holocaust in the same space. The Circle of Humanity: Monuments for Unity and Remembrance in Marshall Park will feature the 8-foot bronze statue of King currently in the park plus the new Holocaust monument.
Linking the two will be paved walkways, educational reflections and digital resources on the Holocaust, the Civil Rights movement and the combined history of African Americans and Jews in the U.S. School and tour groups will take part in interactive educational experiences.
To those who might wonder why these monuments belong together, Rabbi Ya’aqov Walker points to a common inheritance. “You could just describe it plainly: white supremacy in continental Europe and white supremacy in the southeastern United States,” said Walker, who is Black and serves on the project’s education committee.
The groups also share deep resilience and desire for change, he said, which led to a significant Jewish presence in the civil rights movement in the United States 20 years after the Holocaust.
“It was very prescient in their minds, from King to any major civil rights leader who was committed to nonviolence, to study and learn what the Jewish experience was, and to build relationships with rabbis as fellow spiritual leaders,” said Walker, who co-leads the Charlotte Black/Jewish Alliance.
The new monument will replace a small one dedicated in 1979 that’s hidden in overgrown foliage. Project partners include the Charlotte Black/Jewish Alliance, Mecklenburg County, Queens University of Charlotte, the Stan Greenspon Holocaust Education Center, and the Charlotte-Mecklenburg branch of the NAACP.
After a national search for artists that yielded 57 design proposals, a review committee narrowed the choices to eight finalists. Wilson and Hayes, who are Black and live in Durham, North Carolina, were one of two teams asked to submit their concepts. Though they had never designed a sculpture based on a Jewish theme, they were compelled by its juxtaposition to the King monument, “creating a broader dialogue about injustice, courage and the consequences of hatred,” Wilson told county commissioners during a recent public meeting.
David Wilson, left, and Stephen Hayes are the designers of “In Transit: The Weight of Absence,” the winning design for the Circle of Humanity memorial in Charlotte’s Marshall Park. (Courtesy Circle of Humanity)
Their presentation moved Commissioner Leigh Altman, who is white, to reveal that her great-grandparents and many of their children were murdered in the Holocaust. About 25 to 30 Holocaust survivors live in the Charlotte area today.
“This shared partnership for me is a reminder across one of history’s worst genocides and the worst legacy of what America has done wrong, and brought it together to find a commonality, which was a failed obligation to recognize the humanity of others and to fight for it,” she said.
The second finalist team, Miriam Gusevich and Sal Pirrone from Washington, D.C., envisioned an abstract sculpture with thousands of silver circles to represent those killed by the Nazis. The proposed structure opened to a skylight in the shape of a Star of David. Members of Gusevich’s family died in the Holocaust.
“Circle of Humanity” organizers held 12 community feedback sessions, including at synagogues, a Black church and Johnson C. Smith University, a historically Black university. About 850 community members participated. More than 100 completed written surveys on their preferences. Ultimately, a majority favored the rail car image. At one session, participants audibly gasped when “In Transit” was revealed.
It’s yet to be determined which materials will be used to render the piece. Options range from cast and fabricated metal to large-scale 3-D printing. What likely won’t change is the sculpture’s bronze hue and structure.
“The skin tones can be interpreted in many ways, and it looks very similar to an auction block” used in the trafficking of enslaved people, Walker noted. He recalled that during a feedback session at a Black church, some church members teared up to see the reminder of family separation.
Urban Design Partners in collaboration with Groundworks Studio will develop the plaza, in a design called “Woven Histories.” Potential elements include a stone walkway with a plaid design. The plaid pays tribute to the dress that civil rights pioneer Dorothy Counts-Scoggins wore on the day in 1957 when she faced down an angry white mob to become the first Black student to attend a segregated high school in Charlotte.
The plaza will include benches and may incorporate decorative stone books. Like the monument design, the concept is still open to changes based on additional community feedback. The planned budget is just under $1 million, including a $100,000 endowment for programming and maintenance. If fundraising efforts are successful and the timeline stays on track, the plaza is scheduled to open in May 2027.
Marshall Park has particular resonance as the setting. It is part of the former Brooklyn, a Black neighborhood razed in the 1960s in the name of urban renewal. More recently, Marshall Park has been a familiar site for protests and political demonstrations.
The idea for the innovative combination began with a discussion between Rev. Corine Mack, president of the Charlotte-Mecklenburg NACCP, and Rabbi Judy Schindler, Sklut professor of Jewish studies at Queens University of Charlotte and executive director of Spill the Honey, a national non-profit which produces arts and educational materials intended to empower the Black-Jewish alliance to combat racism and antisemitism.
The Dr. Martin Luther King Jr. memorial statue in Charlotte’s Marshall Park, created by renowned sculptor Selma Burke, was dedicated on April 5, 1980. (Courtesy Arrowmount School of Arts and Crafts)
“It all came out of the same conversation, looking at the Civil Rights movement, looking at the rise in racial slurs and antisemitism, and just really understanding that we have to do something to elevate the importance of not only our cultures, but what love would look like in this country,” Mack said. “I thought it was important that we went back to the root of the civil rights movement, which was us collaborating.”
She acknowledges a few phone calls from members of Charlotte’s Black community who expressed concern about the collaboration in light of the war and political divides opened after the Hamas attacks on Israel on Oct. 7, 2023. Others were unclear about the benefits of bringing the two histories together. But no vocal opposition has emerged to the project. Organizers say on-site education about the history of Black-Jewish ties in America is essential.
Charlotte has its own claims to this history. Humorist and social critic Harry Golden lived in the city and published his commentaries in The Carolina Israelite, a newspaper whose subscribers included Congressional members and well-known writers. In “The Vertical Negro Plan” in 1956, he pointedly noted that whites seemed to have no trouble standing next to Black Americans. It was only when Black people wanted to sit “that the fur begins to fly.” His tongue-in-cheek solution? Remove the seats at schools and lunch counters.
In 1971, attorney Adam Stein, father of N.C. Gov. Josh Stein, was part of the legal team who argued Swann v. Charlotte-Mecklenburg Board of Education before the Supreme Court. The case began the era of busing for school integration nationwide. Busing for that purpose officially ended in Charlotte in 2002, when the Supreme Court declined to take up a challenge to lower-court ruling recognizing local schools as adequately desegregated .
Now, supporters hope the Circle of Humanity will be a catalyst for Black-Jewish collaborations in other cities. Schindler, named after a great-aunt who was killed during the Holocaust, wants the gathering spot to be a place not only for remembrance, but for inspiration and beginnings.
“It’s really important to me that we bring joy to this work,” she said, envisioning the opening ceremony filled with klezmer music as well as both soul food and Jewish noshes. She cautions against “letting those to seek to harm us control our thoughts and our struggles and our fears. We need to celebrate our culture and who we are with pride and joy, so I pray that this will be a centerpiece for cultural celebration of all sorts.”
This article originally appeared on JTA.org.
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