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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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The post Eli Rosenbaum takes skills honed Nazi-hunting to investigating war crimes in Ukraine appeared first on Jewish Telegraphic Agency.
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As voting nears, Israeli democracy is not healthy
When Israel’s Supreme Court upheld the right of Arab parties last week to run in the country’s Oct. 27 election, they didn’t only provide Israel’s 2 million-plus Arab citizens a reason to vote. They also sent yet another signal in the incredible noise of these elections: Israeli democracy is not healthy.
Every time Israel has held elections in the last two decades, this cycle repeats: The Central Elections Committee — a body mostly made up of politicians — bars Arab parties or candidates, the Supreme Court puts them back on the ballot, and the country congratulates itself that its democratic guardrails held up to the pressure. But when Israel’s political representatives think democracy means disqualifying parties representing 20% of its electorate, the guardrails are not holding. When that 20% of the electorate is told its voices are unwanted and its opinions suspect enough to ban, it is nearly impossible to call Israel a healthy democracy.
And there’s a deeper story here, too — one that came to a head in 2023, connected to the decades-long march of the populist far-right in Israel against the Supreme Court. Recall that one of the first things that Prime Minister Benjamin Netanyahu’s government did upon taking power was to announce a “judicial overhaul plan” built on the populist claim that the elected politicians are the only true representatives of the people, and the unelected, elitist, liberal-leftist Supreme Court ought to be subservient to them.
Since then, they have tried to eliminate the Court’s ability to review the quasi-constitutional Basic Laws, left the court’s top positions unfilled and languishing, and managed to pass a bill putting judicial appointments in political hands. In short, the Court is not simply a neutral referee in the fight over whether Arab parties can run. Its independence and authority are themselves at the center of Israel’s political struggle.
When the court restored Arab parties to the ballot, and liberals breathed a sigh of relief, the right went to work. It is telling its base that the Court, by simply upholding the most basic tenet of a democratic system — that parties be allowed to run regardless of their political positions — is in bed with the enemy: Arabs. In other words, it weaponizes the court ruling as proof of what it has been saying all along: that this is not the court of the Israeli people, it is the Arab’s court, the left’s court, and it must be brought to heel.
This is the double bind the Israeli Supreme Court has existed in for years. It is more hostage than guardrail. I have spent my career in Israeli civil society, and now lead an organization that funds a good deal of it, which is a long way of saying I have watched this cycle from close enough to know that the relief is a trap.
The court recognizes the part it plays in this game of political football, and it is caving to pressures and changing its own internal approach. The discussions it held last week were not limited to the Elections Committee’s decision to disqualify all the Arab parties. It went further. The court recommended Sami Abu Shehadeh of the Balad party withdraw his candidacy so that it would not have to disqualify him. Yes, Sami wrote an appalling article on Oct. 8 — one that I find deeply repugnant. But for many years, the court held that disqualification required extensive and consistent evidence of support for terrorism or opposition to democracy. On that basis, it allowed both Jewish and Arab candidates to run, even when they had written or said things that were unpopular, racist, or dangerous. And when it came to Abu Shehadeh, there was no solid evidence of a sustained pattern showing that he supported violence or opposed democratic principles. The court did not want to depart from its own precedent, but it could not withstand the pressure of public sentiment, so it asked Sami not to run. He withdrew.
It is clear to me that if Sami were Jewish, he would never have been disqualified. Jewish politicians have said things just as horrifying as he has, and they are consistently allowed to run. People fighting for Israeli democracy — both here in the U.S. and in Israel — can’t go to the mat for Israel’s democratic institutions without dealing with the essence of what democracy is.
In a democracy, the majority does not extend equality to the minority as a kindness. And for members of the minority, democracy is a bargain: You choose to live with the outcome because you had a real chance to shape it — by voting for politicians who represent your interests. With these bans, Israel asks two million citizens of the country to hold up their end of this bargain — to pay taxes and vote— while informing them every few years that the state’s end of the bargain is actually negotiable. That equality is not assured. That their parties could be barred from running.
Democracy is only more than a word if every citizen has both the right to vote and the right to govern. Israel simply is not a democracy if it fails to offer Palestinian citizens full participation. Period. Israel’s Palestinian citizens are not a test Israeli democracy has to pass, where the Supreme Court is a cheat code. Israel’s Palestinian citizens and their rights are what Israeli democracy ought to be made of.
Yes, it is a relief to know that Israel’s Supreme Court restored the Arab parties to the ballot, but we ought to notice what we are relieved about: that judges had to stop Israel’s elected representatives from cutting out a fifth of the electorate just five weeks before a general election. A democracy that has to be rescued from its own politicians on a regular basis is not a healthy one.
The post As voting nears, Israeli democracy is not healthy appeared first on The Forward.
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‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers
(JTA) — TEL AVIV – In the days following the Oct. 7, 2023, Hamas attacks, the families of the hostages held in Gaza turned the plaza next to the Tel Aviv Museum of Art into what became known as Hostage Square.
Filled with “Bring Them Home” signs and hostage posters, yellow ribbons and yellow balloons, the square hosted demonstrations and press conferences.
It was here that the families created a replica of a Hamas tunnel and established the Empty Shabbat Table, a haunting art installation to remind visitors – and especially the Israeli government – that their loved ones still languished in Gaza. And it was here, two years later, that the families and thousands of other Israelis gathered to watch the last of the living hostages return to Israel.
Three years after the attack on Simchat Torah, there are few remnants of the hostage families’ encampment: the tunnel replica, a few yellow ribbons and a sign bearing the words “Remember 7.10.23.” During the days leading up to the third anniversary, some paid respects to the few hostage families who set up a sukkah on the square, but the plaza was nearly empty.
By all outward appearances, Israelis have moved on.
Yet beneath the surface, many are still grappling with the trauma of Oct. 7 and the multifront war the attack triggered.
In a Channel 12 TV poll in June, 74% of respondents said they fear that terrorists will carry out another large-scale attack, and 66% said they want the Oct. 7 attack to be investigated by a state commission of inquiry.
Last month, in an Israel Democracy Institute survey, 68% of Jewish Israelis and 32% of Arab Israelis said the Oct. 7 attack is a “central factor” in deciding which party to vote for, behind security and the high cost of living.
In the café at the edge of Hostage Square, Isaac Badra, a 33-year-old realtor, recalled how he and his wife opened their home to their upstairs neighbors because the Badras live on the “safer” ground floor and their Tel Aviv building has no bomb shelter. The trauma persists, he said.
He vividly remembered the air-raid sirens, reserve soldiers rushing to base on Simchat Torah and the frantic phone calls with his wife’s family near the Gaza border as Hamas attacked Sderot, where they live.
“My wife’s mother said she saw terrorists in the street, but I couldn’t grasp what she was saying,” he recalled. When he turned on the TV, he realized the scale of the attack. “I locked all of our doors and our windows and prayed.”
Three years later, Badra said, “When I hear noises outside, I jump. When Arab construction workers shout out to each other, I jump. And now I doubt whether my friends abroad really have our back.”
Roni Shoval, a defense industry worker from northern Israel not far from the Lebanon border, said the trauma of the past three years “is still inside me.” He called the attacks “a modern Holocaust for Israel.”
Even three years later, “I’m not ready to visit Nova,” he said, referring to the memorial at the site of the music festival where Hamas murdered 378 people and abducted dozens more. “Look, I’m getting goosebumps now just talking about it.”
Shoval, 54, is still doing IDF reserve duty, years beyond the maximum age because the IDF needs his expertise. He doesn’t want the same for his children.
“My son will be drafted soon,” he said. “Back in the day, I served in Gaza and Lebanon. I don’t want him sent to Gaza and Lebanon.”
At a nearby table, 24-year-old Yael Meyer sat with classmates from Tel Aviv University. The attack the previous day aboard a flydubai flight bound for Tel Aviv, they said, only reinforced the trauma of Oct. 7 and the war that followed.
“I’m always aware that there could be another terror attack. But I always had the sense that the security services would protect us.” Since Oct. 7, that trust in the government is gone, she said.
Her friend Talia Zecler, also 24, said she felt “helpless” after the attack. “I was angry at my country. Entire families were killed or kidnapped,” she added. “It feels like we’re living in an endless war.”
Her heart races when the sound of a passing motorcycle resembles an air-raid siren. But at the same time, she still marvels at the bravery and solidarity of ordinary Israelis in the months after the attack.
“People became more connected after Oct. 7. They volunteered everywhere, including at Hostage Square,” she said. “There was a sense of unity, that we’re in this together, and we saw it on the flydubai flight.
“This is the Israeli spirit.”
Sitting in the café with her parents, S., a 19-year-old IDF soldier, said the trauma she experienced on Oct. 7 at her home in Jerusalem “is minuscule” compared to the experience of those whose families were directly harmed by the attacks on the Gaza border and, later, attacks by Hezbollah, Iran and the Houthis.
“Sure, when I hear a plane flying in the sky, I think, will there be another war with Iran? I immediately go there,” said S., whose name could not be published due to military protocol.
But as the country prepares to vote for the next government on Oct. 27, she plans to channel her hopes and dreams in the voting booth.
“The most important things for me right now are to have a national investigation of what happened on Oct. 7 and to repair our relations not only with our immediate neighbors but everywhere. We don’t live in a vacuum,” she said.
The post ‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers appeared first on The Forward.
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Antisemitic flyers turn up in Ontario neighborhood where a man charged at a synagogue two weeks ago
(JTA) — Police in the Ontario town where a gunman charged the Sons of Jacob synagogue on Yom Kippur are investigating antisemitic flyers distributed around the synagogue’s neighborhood..
In an Oct. 1 press release, Belleville, Ontario, police encouraged those with tips or video evidence to contact police.
“We recognize that incidents such as this can cause concern within our community,” the police said. “Hate has no place in Belleville, and the Belleville Police Service remains in contact with community leaders and are taking proactive steps to support the safety and well-being of residents.”
Police have not identified the distributor of the flyers, and no arrests have been made.
The Canadian Jewish News published photos of the flyers, which included antisemitic conspiracy theories, such as “every single aspect of the Covid agenda is Jewish” and “every single aspect of abortion is Jewish.”
Coming so soon after the attack, the flyers rattled Sons of Jacob congregant Sari Watson, 40. “It’s so incredibly concerning to see this sort of antisemitic rhetoric surface, less than two weeks after the shooting,” said Watson, who skipped attending services the night of the shooting because she was wary of the increase in antisemitic violence in Canada. “This is a sign that this sort of hatred has infiltrated the public consciousness here.”
Belleville police chief Murray Rodd has confirmed the Sept. 20 attack was deliberate.
“This was an exclusive threat to our Jewish community,” he said soon after the attack. “There is no indication there was a threat to any other population or segment of our community, and it was a hate-motivated crime.”
According to police and Ontario’s Special Investigations Unit, the shooter, identified as 29-year-old Sean Ward of nearby Quinte West, Ontario, opened fire on Const. Jeff Smith, who was stationed outside the synagogue as security. Smith, who was seriously wounded, returned fire, and another officer who arrived at the scene also fired at Ward. Ward later died of his injuries. Smith remains hospitalized.
A GoFundMe site dedicated to Smith’s recovery has raised nearly $1 million on behalf of the Canadian Jewish community.
This article originally appeared on JTA.org.
The post Antisemitic flyers turn up in Ontario neighborhood where a man charged at a synagogue two weeks ago appeared first on The Forward.
