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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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Israel-bound flight diverted to Saudi Arabia after terror attack on board
(JTA) — A Flydubai flight from Dubai to Tel Aviv made an emergency landing in Saudi Arabia after passengers reported that an altercation broke out between two pilots. Israeli officials are describing the incident as a terrorist attack and passengers say they intervened to restrain a man who had attacked one of the pilots.
The flight, carrying more than 100 Israeli passengers, was diverted while flying over Jordanian airspace and eventually landed at Tabuk Airport in northern Saudi Arabia, an Israeli official to the Jewish Telegraphic Agency.
An Israeli official briefed the media and was quoted by Israel’s Channel 12 as saying that one pilot stabbed the other and attempted to “do a 9/11” — either by hijacking the plane and flying it toward Israel or crashing it. The official said that a “dramatic disaster was prevented.”
According to accounts from passengers posted on social media and reports by Israeli media, the co-pilot attacked the captain and attempted to take control of the aircraft. At least two people were injured in the incident. The entire incident lasted about an hour and a half.
“We are on the flight from Dubai. We took control of the flight. There was an attacker with a knife who stabbed one of the pilots,” passenger Itzhak Liber said in a Facebook video. “A few of us jumped in and pulled him out of the cockpit. Everything is OK now. The terrorist is neutralized. There is a pilot who is seriously injured.”
“It was tough. Everything is covered in blood,” Liber added.
Another passenger, appearing in a video posted to social media with blood visible on his face, said the passengers were in the middle of a hijacking and had restrained the attacker as the plane prepared to land. In another video, several passengers said they were protecting the pilot.
A third passenger told Israel’s Channel 12, “There were moments when we were sure this was the end.”
Saudi authorities said the two pilots were taken to a hospital after sustaining injuries, according to international media reports. Flydubai, which is owned by the United Arab Emirates, has acknowledged that there was an “incident” that led to the diversion of the flight. It stressed that the plane landed safely and that all passengers were safe. UAE officials had not commented on the incident as of publication.
Data from Flightradar24 showed the aircraft descending roughly 14,000 feet in less than 30 seconds during the incident. The plane subsequently diverted from its route and landed in Tabuk.
The office of Israeli Prime Minister Benjamin Netanyahu said he had held consultations and was monitoring developments. “Following concerns over an aviation incident, the prime minister held consultations on the matter and followed developments,” Netanyahu’s office said. “The incident is under control, and all measures are now being taken to return the Israeli passengers safely to Israel.”
Israel and Saudi Arabia do not have formal diplomatic relations, but the two countries maintain ties. This is not the first time a flight carrying Israeli passengers has landed in Saudi Arabia.
Israeli Finance Minister Bezalel Smotrich said in a post on X that there had been an attempt to “crash” the aircraft and “murder 180 Israelis.” He called for Israel to hold accountable the “state or terrorist organization” responsible for the incident.
This is a developing story.
This article originally appeared on JTA.org.
The post Israel-bound flight diverted to Saudi Arabia after terror attack on board appeared first on The Forward.
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Far-right Israel critic James Fishback likens abortion to the Holocaust
(JTA) — James Fishback, a fierce critic of Israel and a far-right politician, offered scathing remarks about the Jewish state and likened abortion to the Holocaust during an address at the University of Mississippi on Tuesday evening.
Fishback, a former GOP gubernatorial candidate in Florida, recalled that earlier this summer the Combat Antisemitism Movement flagged as antisemitic one of his X posts describing abortion as a holocaust.
“Abortion is a holocaust, and by every single historical metric available, it was worse than the other one,” Fishback said, claiming that “61 million children have been killed in the womb since Roe v. Wade was wrongly decided in 1973.”
He also had harsh words for the state of Israel. “It is time for President Trump to call [Prime Minister] Benjamin Netanyahu and cut him off. We must decouple from Israel to save America,” he added.
Fishback was speaking at a Turn Up the Mic forum arranged by members of the University of Mississippi chapter of Turning Point USA, the organization founded by the late Charlie Kirk.
Slamming immigration policies on both sides of the aisle — Republicans for too few mass deportations and Democrats for an influx of foreign workers — Fishback declared, “It’s time to stand up and tell both parties that no, American jobs are for Americans only.”
He noted, however, that making such demands could result in a person being labeled a racist or misogynist, and that “if you’re really bad they’ll call you an antisemite.” Stressing that he condemns “all forms of religious hatred,” he maintained that “the most virulent” type is the hostility “against Christians in this country.”
Fishback blamed Israel and the inability of the U.S. to “tell them no” for drawing the country into the war with Iran. That war, he argued, has pushed gas prices and Treasury yields higher.
This article originally appeared on JTA.org.
The post Far-right Israel critic James Fishback likens abortion to the Holocaust appeared first on The Forward.
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Protesters stormed Mahmoud Khalil’s book release. His Israeli editor confronted them.
Minutes before activist Mahmoud Khalil was scheduled to speak Tuesday night about his new memoir at a bookstore near the Columbia University campus where he led pro-Palestinian demonstrations, protesters stormed inside with a megaphone, a sign and a large American–Israeli flag.
“Zionist Jews are here,” announced Ross Glick over the megaphone, as he entered Book Culture. “We are against intifada.”
Glick is the former CEO of Betar US, a pro-Israel organization labeled an “extremist group” by the Anti-Defamation League for its harassment tactics. Betar previously shared names of pro-Palestinian protesters, including Khalil, with federal immigration authorities. Khalil is suing Betar along with the Heritage Foundation and the Canary Mission. Betar reached a settlement with New York state over harassment allegations and wound down its operations.
Khalil was upstairs, along with most of the book event’s attendees, when the demonstrators entered the store downstairs. Employees ushered the protesters outside, but one came back inside minutes later waving the flag and singing “Am Yisrael Chai.”
A store employee tried to grab the flag from the protester. After a brief tug-of-war, the protester appeared to hit the employee’s arm as he pulled the flag from her.
Khalil’s editor Riva Hocherman, who is Israeli, confronted the protesters in Hebrew.
“I really wanted to get a sense of whether they knew Hebrew, and they didn’t,” Hocherman told the Forward. “They just enrage me.”
Hocherman specializes in publishing books on the Middle East and previously worked with Rashid Khalidi as his editor on The Hundred Years’ War on Palestine. She said she was motivated to work with Khalid because, “His story was one that was really worth telling, and a great injustice was perpetrated.”
Khalil’s memoir, No Land to Stand on, focuses on his 2025 detention by Immigration and Customs Enforcement. Khalil was held for more than 100 days and became the face of the debate over free speech on campus and when anti-Zionism crosses the line into antisemitism.
In his book, Khalil, who was born in a Palestinian refugee camp in Syria, says that pro-Palestinian protesters were peaceful, while “it was the pro-Israel students and Zionist groups that had provoked confrontations, harassed Palestinian students, and in some cases physically attacked them.”
Khalid mentions Hocherman in the acknowledgments section of his book: “Riva, my editor, is not only a champion of the book but of the cause.”
Hocherman addressed the protesters because she said they lie about Khalil, and because she wanted to show that not all Jews and Israelis think the same.
“Our opinion is not a monolith,” she said. “There is a range of opinion among Israelis and Jews. We don’t all think like they do.”
The event, only slightly delayed, carried on without further interruptions. Khalil spoke with environmental lawyer and activist Steven Donziger and answered a few questions from attendees before signing books. He received a standing ovation from the crowd of more than 85 people.
The post Protesters stormed Mahmoud Khalil’s book release. His Israeli editor confronted them. appeared first on The Forward.
