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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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6 Jewish takeaways from the midterm elections
(JTA) — The sheer size and geographic scope of the Republican wipeout Tuesday makes it hard to read anything definitive into the results beyond a nationwide repudiation of President Donald Trump (and his candidate selections). But whether or not any other factors were at play in the GOP bloodbath, the fallout will have a range of reverberations. Here are 6 takeaways that point to what comes next.
1. A significantly weakened Donald Trump doesn’t bode well for Netanyahu
For Prime Minister Benjamin Netanyahu, Trump has been a longshot bet that keeps on paying off. It’s hard to overstate how significant Trump’s improbable wins in 2016 and 2024 were in bolstering Netanyahu’s domestic standing and giving him space to advance his regional agenda. Trump also served as a security blanket, leaving Netanyahu and his allies with a sense for many years that they need not worry too much about skyrocketing Democratic and international anger with Israel.
In fact, there was even a hope in Bibi world that The Donald’s support could save Netanyahu from political defeat at home (and, to be fair, his 11th-hour endorsement may have). Whether Netanyahu holds on or chief rival Gadi Eisenkot succeeds in replacing him, Israel is entering uncharted territory. There is little chance that the combination of a weakened Trump and an emboldened Democratic Congress produces similar levels of support for aggressive action against Iran and its proxies, and other policies that a wide spectrum of Israelis see as crucial to their security.
2. Jeffries and Schumer have a massive headache coming their way
With Tuesday night’s Democratic wave, Hakeem Jeffries is on track to become Speaker of the U.S. House of Representatives and Chuck Schumer will likely get a second shot as U.S. Senate Majority Leader. These New Yorkers have longstanding ties to the pro-Israel community and are among their party’s strongest Israel supporters – putting them at odds with the growing number of congressional Democrats who want their party to take a much harder line against Israel. It won’t be long before members in each caucus are demanding concrete action, including meaningful limits on U.S. military sales.
Both Democratic leaders have ratcheted up their criticism of Prime Minister Benjamin Netanyahu and his government in the wake of its war on Hamas in Gaza, but they have ultimately voted against various legislative attempts to punish Israel. This past April, Schumer was one of only seven Senate Democrats to vote against a pair of resolutions that together would have blocked the sale of D-9 bulldozers, widely used in military operations, and 1,000-pound bombs to Israel. In July, Jeffries voted against ending U.S. military aid to Israel, but the measure was supported by almost half of the Democratic caucus. As leaders of their respective chambers, Jeffries and Schumer will likely face immense pressure for more such votes and face much tougher scrutiny from the party base over continued support for Israel.
3. The impact of the anti-Israel vote was diluted
On the other hand, the massive Democratic victory dilutes the power of the anti-Israel lawmakers in Congress. Their numbers will grow, causing problems for party leaders trying to keep anti-Israel measures off the agenda. But they will remain a relatively small subset within a much larger Democratic majority that includes many moderates and Israel supporters.
Not only will anti-Israel members have less ability to hold Congress hostage, the overall issue of Israel loses some of its potency when the broader political winds indicate that all Democrats were boosted.
4. John Fetterman just lost his juice
Just as the sizable Democratic House majority makes Jeffries less dependent on anti-Israel lawmakers in his caucus, the next Senate Majority Leader won’t need to rely on Pennsylvania Sen. John Fetterman. For years, Fetterman has been driving fellow Democrats crazy with his cozying up to Republicans, with progressives especially upset over his die-hard support for Israel. Fetterman has even said that the one thing that could cause him to leave the Democratic Senate caucus would be his party turning decisively against Israel.
Had things broken differently, with Democrats grabbing a narrow 51-49 majority in the chamber, Fetterman’s influence would have been hypercharged. Now, not so much. The Democrats no longer need him to keep control of the chamber. So Schumer, should he regain the majority leader role, will have to worry much less about keeping the party’s top pro-Israel cheerleader happy. In 2028, he’ll be up for reelection and highly unlikely to survive the Democratic primary.
5. AIPAC has not found a formula for success
A few years back, the leading pro-Israel lobby decided the best way to counter the initial anti-Israel rumblings in Congress was to jump deep into the campaign fundraising business. Hundreds of millions of dollars later, the number of Israel critics in Congress – especially on the Democratic side of the aisle – has grown, with a fresh batch on the way. Moreover, in many races, anti-Israel candidates and AIPAC critics managed to turn the lobby’s backing into a liability.
Meanwhile, Trump’s seemingly impromptu announcement Tuesday that his administration would end aid to Israel after this year suggests that Republican backing for such support is dropping alongside Democrats’. And Tuesday’s results suggest AIPAC’s strong support for the U.S. and Israeli military strikes against Iran is out of step with the American public and many incoming lawmakers.
All of this indicates that AIPAC has yet to figure out how to manage the anti-Israel turn sweeping through American politics.
6. It was a great night for Jewish presidential hopefuls
U.S. Sen. Jon Ossoff says he isn’t running for president in 2028. But that won’t stop the speculation from skyrocketing after his impressive reelection in Georgia – Georgia?! – with nearly 60% of the vote. More importantly, he probably just grabbed frontrunner status in the race to become America’s first Jewish president. Pennsylvania Gov. Josh Shapiro also registered a similarly sized reelection victory in a state that Trump won just two years ago, but Ossoff – a fierce Trump antagonist and, increasingly, a critic of Israel’s military actions – cemented his rock star status among Democrats this cycle and has demonstrated an ability to bridge the gap between younger progressives and more traditional liberals.
Illinois Gov. JB Pritzker also cruised to reelection. Meanwhile in Michigan, moderate Elissa Slotkin – another senator and likely presidential hopeful (of course, which senator isn’t a presidential hopeful?) – may have at least propped open the door to some progressive support by campaigning hard for Abdul El-Sayed. All four have been highly critical of Netanyahu, with both Ossoff and Slotkin joining most of their fellow Democratic senators in voting in April for a curb on various weapons sales. Both senators have declined to label Israel’s actions in Gaza as genocide.
This article originally appeared on JTA.org.
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El-Sayed declares victory in Michigan Senate race that left many Jews uneasy
(JTA) — DETROIT – Democrat Abdul El-Sayed has declared victory in the hotly contested race for Michigan’s open U.S. Senate seat, capping a campaign that has prompted deep anxieties among Jews in the state and beyond.
With 88% of the ballots counted at around 2:27 a.m. ET, The Associated Press called the race for El-Sayed, who had 52% of the vote compared with 46% for his Republican rival, former U.S. Rep. Mike Rogers.”
In his acceptance speech, El-Sayed thanked supporters whom he said had welcomed him into “your homes, your churches, your synagogues.”
He also referenced his ardently pro-Palestinian views, saying, “They try to call you hateful if you believe that Palestinian kids should get to grow up in the land of their forefathers without being martyred by our tax dollars… We don’t want our money to be sent to do apartheid or genocidal war.”
During his victory speech, chants of “Free Palestine” were heard throughout the crowd. Mahmoud Khalil, the Palestinian Columbia University activist who was detained by the Trump administration, was in attendance.
The race had been viewed as crucial to Democrats’ hopes of retaking the chamber. But for many of Michigan’s estimated 105,000 Jewish voters, the campaign was defined instead by El-Sayed’s tumultuous relationship to the community.
That animosity extended beyond the Democrat’s fierce criticism of Israel to encompass his statements about attacks targeting the state’s Jewish community and his early campaigning with streamer Hasan Piker, who has made several controversial comments about Jewish voters.
His uncompromising stances on Israel have also made him a target among pro-Israel groups, including AIPAC, which has spent heavily against him in both the primary and general election. AIPAC’s rare entry into a general election race was in support of Rogers.
One of El-Sayed’s positions on Israel — to end all U.S. military aid — was once thought a far-left pipe dream. But that has changed. On Election Day morning, Trump announced that, under his watch, nearly $4 billion in annual U.S. military aid to Israel would wind down by the end of the year. Trump said Israeli Prime Minister Benjamin Netanyahu was in agreement with the need to end aid and deny Democratic critics a point of attack.
El-Sayed’s campaign has galvanized young voters and a range of other constituencies, and he pulled ahead in the polls in the race’s final stretch. But his questioning of Israel’s existence as a Jewish state and whether it or Iran posed a greater threat to the United States, as well as his prior associations with figures such as Hasan Piker, the streamer who has spread extreme rhetoric about American Jews, have sparked concern among Jewish Michiganders.
So, too, did comments the candidate made following the March terror attack on Temple Israel, a major synagogue in the state, in which El-Sayed appeared to link the attack to Israel’s war in Lebanon after reports that the attacker lost family in an Israeli strike. Hostile behavior from some of El-Sayed’s supporters toward pro-Israel Democrats, most prominently on display at the state party’s spring convention, has also alarmed Jews. El-Sayed has pledged to stand up to antisemitism.
Some Jews who had long considered themselves Democrats, including several local Jewish leaders, have cited such controversies in pledging to vote for Rogers. In some Michigan Jewish neighborhoods, yard signs proclaim that a vote for Rogers is a vote “against antisemitism.”
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Moskowitz wins Florida seat in race between two pro-Israel candidates
(JTA) — Democratic Rep. Jared Moskowitz beat Republican Scott Singer, the former mayor of Boca Raton, in a battle between two staunchly pro-Israel politicians in a redrawn district.
The redrawn district covers a stretch of Florida shoreline north of Miami and includes large Jewish communities in areas including Boca and Fort Lauderdale, and is seen as leaning slightly Democratic.
Moskowitz, who was endorsed by the lobbying group AIPAC, has touted himself as “the most pro-Israel Jewish Democrat in Congress.” Singer, meanwhile, was endorsed by President Donald Trump and the Republican Jewish Coalition.
Moskowitz has said there is an “ostracizing” associated with being staunchly pro-Israel in a Democratic Party that is increasingly including anti-Zionist voices. Singer seized on that sentiment, saying during a synagogue candidates’ forum that Moskowitz will be drowned out by the Democrats’ anti-Israel wing if he is reelected.
The candidates themselves have largely been aligned on the issue of Israel. Both have condemned accusations that Israel has committed genocide against Palestinians in Gaza. They each oppose any effort to condition or cut off U.S. military aid to Israel. Both supported Israel’s strikes on Iranian facilities in 2025, though Moskowitz has since called for the U.S. to end its war with Iran, whereas Singer said during a forum that the U.S. needs “to ensure victory here.”
Both candidates have also emphasized combating antisemitism in their campaigns, and say they would push to expand the Nonprofit Security Grant Program to increase funding for security at Jewish schools, synagogues and other institutions. They also are both in favor of codifying the International Holocaust Remembrance Alliance definition of antisemitism into federal law; critics say the definition wrongly lumps in some criticism of Israel.
In a campaign ad targeting antisemitism, Moskowitz pulled from the story of his family, some of whom — including his great-grandparents — were killed in Auschwitz during the Holocaust.
“In every generation, they rise against us,” Moskowitz said in the ad.
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