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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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‘Jews are welcome, Zionists are not’: Is a Zionist ban at a restaurant legal?

Sap Sua, a Vietnamese restaurant in Boulder, Colorado, was one of Emily Lanigan’s favorite restaurants. She even celebrated her 44th birthday there in June. So Lanigan was stunned when the restaurant posted this since-deleted message on Instagram in September: “Jews are welcome, Zionists are not.”

Lanigan, a former synagogue president, identifies as a Zionist, which she defines as the Jewish right of self-determination. Was she really no longer welcome at the place where she had received a complimentary dessert just months before?

She wondered if the restaurant had a different definition of Zionism, she said, and thought maybe reaching out and offering to have an in-person discussion could clear things up.

“Being a Zionist does not mean I do not also believe in the freedom and autonomy of Palestinians,” Lanigan said she commented on Instagram. “You and I are not so far apart.”

But Sap Sua’s owner, Anthony “Ni” Nguyen, doubled down: “As you clearly saw, the full statement was ‘Jews are welcome. Zionists are not.’ Jews are a protected class, and all Jews are welcome,” Nguyen wrote in messages to Lanigan reviewed by the Forward. “Zionism is a political ideology, like Nazism.”

Nguyen’s response to Lanigan implied the law was on his side. He could ban “Zionists,” it seemed, so long as he let in Jews who shared his views about Israel.

Legally speaking, Nguyen was partially correct. Neither federal civil rights law nor Colorado law prohibits businesses from refusing service based on customers’ political beliefs — meaning turning someone away based solely on their political support for Israel could be allowed.

But the line gets murkier when “Zionist” is used as a stand-in for Jewish or Israeli identity, which can violate laws prohibiting discrimination based on religion or national origin.

The distinction matters not only for Sap Sua, as spaces from coffee shops to book festivals to concert venues make disavowing Israel a condition of entry or participation. The troubling practice raises a thorny question: How should the law distinguish between excluding someone because of their political beliefs and excluding them because of who they are?

The right to exclude?

Sap Sua was not the first business to declare itself off-limits to Zionists with no legal consequences. In Utah, after a bar called Weathered Waves declared “no Zionists allowed” in 2024, the attorney general found no evidence of legal wrongdoing. (Weathered Waves later closed over a dispute with its landlord.)

But that doesn’t mean “Zionist” bans are always legal. According to Richard Katskee, a professor of law at Duke University with expertise in public accommodation law, the legality depends on how the ban is enforced.

Does the business ask only Jewish or Israeli customers to disclose their views? Does it make assumptions about the politics of customers wearing kippahs? If Jewish customers are being singled out, Katskee said, that would make a finding of illegal discrimination more likely.

Omer Wiczyk, senior counsel at the Brandeis Center, told the Forward that two cases he’s currently litigating cross that line. At a coffee shop in Oakland, California, a customer wearing a Star of David baseball cap was asked on video if he was a Zionist and told to leave. At an eyebrow salon in Northern Virginia, a customer was kicked out after disclosing she was Israeli-American.

Businesses “cannot turn a customer’s identity into objectionable politics, and then invoke that to justify their exclusion,” Wiczyk told the Forward. “Being Israeli is not a political issue. Being a Jew is not a political issue. It’s who you are.”

But if a business required every customer, regardless of their identity, to affirm a particular political position on Israel before receiving service, that could be legal, Katskee said — though enforcing such a policy fairly would inevitably prove difficult in practice.

“It might be legal, like putting up a sign saying ‘Republicans only’ or ‘Democrats only,’” Katskee said.

Jenin Younes, legal director of the American-Arab Anti-Discrimination Committee, argues that businesses have some latitude to refuse service based on customers’ politics. The ADC is currently making that case on behalf of Poetica Coffee, which is fighting a Department of Justice investigation into its decision to publicly bar Rep. Dan Goldman over his support for Israel.

In Goldman’s case, Younes said, his public profile and easily searchable voting record help support the idea that the coffee shop targeted him for his political views.

“It’s harder to make the argument that ‘No, this was really about just not letting Jewish people in’ — because he’s a public figure,” Younes said. “He’s said what he thinks on these issues.”

Even Goldman himself said that the coffee shop incident did not warrant a civil rights investigation because of his status as a public figure.

Younes argues that the same principle applies to situations unrelated to Israel and Zionism.

In 2018, for example, the owner of a Virginia restaurant kicked out White House press secretary Sarah Huckabee Sanders citing the Trump administration’s “inhumane and unethical” policies. The restaurant faced social backlash, but no legal consequences.

And last year, a Martha’s Vineyard farmers’ market stand refused to sell lawyer Alan Dershowitz pierogi, citing his legal defense of Jeffrey Epstein and other men accused of sexual assault. Dershowitz threatened legal action, but it appears he never actually filed suit.

“In my opinion, businesses should have the right to exclude people whose views it doesn’t like,” Younes said. “And by the way, I would apply this in the other context: If there’s a pro-Israel coffee shop owner and they wanted to say, ‘We don’t want anyone wearing a pro-Palestine pin in here,’ I think they have that right.”

The law’s limits

Whether businesses have the legal right to exclude certain customers is a different question than whether they should.

Such bans can end up holding ordinary Jews responsible for the actions of the Israeli government — with the misguided idea that denying them a meal or a cup of coffee will somehow advance the Palestinian cause.

And since “Zionist” means different things to different people, using the label as a litmus test will almost inevitably lead to erroneous assumptions about peoples’ views.

In cases where the law is not a remedy, the free market may be. Businesses that turn away “Zionists” must be so committed to their beliefs that they are willing to refuse a paying customer, risking boycotts and reputational damage.

At the same time, some businesses may believe the publicity will draw in new clientele. Karimi Brows, which turned away the Israeli-American customer, boasted that it gained 40,000 TikTok followers in the month after the incident.

For its part, Sap Sua appeared to backtrack amid intense public pressure, posting to Instagram that it would welcome “every guest who walks through our doors.” (Sap Sua did not respond to the Forward’s request for comment.)

But for Lanigan, the damage was done.

“It was one of my favorite restaurants,” Lanigan told the Forward. “But I will never set foot in that place again.”

The post ‘Jews are welcome, Zionists are not’: Is a Zionist ban at a restaurant legal? appeared first on The Forward.

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Explainer: Gadi Eisenkot’s four conditions for forming Israel’s next government

(JTA) — JERUSALEM – Israeli President Isaac Herzog tasked Gadi Eisenkot on Sunday with forming Israel’s next government, giving him up to six weeks to assemble a coalition with a total of 61 seats out of 120 in Israel’s parliament, the Knesset.

If he fails to do so, then the president can give another Knesset member the opportunity; most likely this will be incumbent Prime Minister Benjamin Netanyahu. For his part, Netanyahu, has urged Eisenkot to join him in an emergency national unity government that will keep Israel strong against ongoing threats.

Eisenkot has responded that the “national emergency government” he will form will comprise the “four Zionist parties” of the change bloc – his own Yashar Party, B’Yachad headed by former prime ministers Naftali Bennett and Yair Lapid, Avigdor Liberman’s Yisrael Beitenu Party and the Democrats under Yair Golan.

He also said he would welcome “parties and Knesset members who support Yashar’s four principles” to join the coalition.

At the President’s Residence in Jerusalem on Sunday, Eisenkot said he would be sending out formal invitations as soon as possible “to every Knesset faction, calling on all their members, both as parties and as individuals, to take part in forming the government and bringing it to its swearing-in.

“The rule is simple,” he added. “If you are prepared to sign on to the four principles I have set out, you are potential partners in a national emergency government under my leadership.”

Throughout his campaign, and particularly since the Oct. 27 election, Eisenkot has emphasized these four principles as the basis for forming the next government. But what are they exactly? And who, out of the other 11 parties, will be able to accept them and join his coalition?

1)    Recognition of the State of Israel as a Jewish and democratic state.

Eisenkot wants to define his coalition as a government that is committed to Israel’s Jewish national identity and to democracy, not simply an alliance united by opposition to Netanyahu.

Any party wanting to join must accept Israel’s identity as the national home of the Jewish people first. The requirement has historically been contentious for Israel’s two Arab parties, who represent 19 Knesset members.

Parties must also accept the country’s democratic institutions, which uphold equality and rights for all citizens and prioritize the rule of law.

This means parties, such as the far-right and the ultra-Orthodox, that, as members of the outgoing government, have been pushing to overhaul the country’s judiciary – a key institution in Israel’s system of democratic checks and balances – might think twice about joining.

2)    Acceptance of the values of the Declaration of Independence.

Israel’s Declaration of Independence, proclaimed and signed on May 14, 1948, is a foundational document that has helped shape the country’s constitutional principles, although Israel does not have a single, formal written constitution.

In it, the signatories laid out their vision for Israel, including the historical ties the Jewish people have to the land of Israel and its place as a safe haven for Jews around the world who are in trouble.

For Eisenkot, the emphasis appears to be on one particular section that declares: “The State of Israel will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its citizens,​​ irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; and it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.”

By embracing the Declaration of Independence, Eisenkot is recognizing the place of Israel’s minority groups, highlighting their “full and equal citizenship.” A point mentioned twice in the declaration.

The declaration also reaffirms that Israel is a country seeking peace, rather than endless conflict, at a time when Netanyahu has recently been criticized over his handling of the country’s wars on multiple fronts.

3)    Mandatory service for all — military, national, and civilian, to strengthen the IDF and expand its ranks.

Including this condition for joining the government is a direct message to the ultra-Orthodox parties, at least one of which is considering supporting Eisenkot’s coalition.

United Torah Judaism, which has been aligned closely with Netanyahu’s bloc for at least the past two decades, on Thursday refused to recommend the prime minister as Israel’s next leader. Instead, the party, which holds seven seats, abstained from recommending any candidate.

Both UTJ and the second ultra-Orthodox party, Shas, have resisted efforts that would include ultra-Orthodox young men studying in yeshiva under a universal draft law requiring all eligible Israelis to perform military service.

Previous exemption laws have expired, and Israel’s Supreme Court has ruled that the state’s blanket exemption of yeshiva students from military service has no legal basis and violates principles of equality before the law.

By including this condition, Eisenkot is telling the ultra-Orthodox – and even the Arab community, most of whose members are also exempt from mandatory military service – that everyone in Israel must do their part, whether through military service or some type of national or community service.

This stipulation could either keep the ultra-Orthodox out of the government, even though Eisenkot’s partners have expressed willingness to allow their participation. Or it could force them to be more flexible on an issue that until now they have appeared unrelenting.

4)    Recognition of Hamas as a terrorist organization and commitment to dismantling its military and governing power.

Leaders of the two Arab parties, the Islamist Ra’am Party and the more nationalist Joint List, have refused to make this statement out loud.

Ra’am leader Mansour Abbas, who has repeatedly condemned the Oct. 7 attack, has said he does have a clear position on this but refuses to state it publicly for several reasons ranging from concerns about his personal safety to his ties to the Muslim Brotherhood, to which Hamas is also affiliated. He has also questioned why Arab politicians are required to pass loyalty tests that are not applied equally to Jewish politicians.

When President Herzog pressed him on the matter last week, Abbas said: “I have an unequivocal answer, but leave me space to be a bridge. To also influence the other side.” He argued that maintaining channels of communication with Palestinians requires him not to adopt language that would immediately alienate them.

For the Joint List, the continued refusal to call Hamas a terror group appears to reflect the view that Hamas is part of the broader Palestinian political movement. Some of its members argue that labeling it a terrorist organization risks delegitimizing Palestinian political aspirations as a whole.

Members of the 11-member faction have condemned the Oct. 7 massacre, but are unlikely to accept this particular condition because it could be used to justify Israel’s military campaigns in Gaza and the West Bank. Its leaders also want to preserve their credibility among Palestinian voters, many of whom see the conflict through the lens of occupation and Palestinian national rights.

This article originally appeared on JTA.org.

The post Explainer: Gadi Eisenkot’s four conditions for forming Israel’s next government appeared first on The Forward.

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Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3

Hundreds of pro-Israel counter-protesters gathered around Philadelphia’s Rittenhouse Square Sunday morning ahead of a bike rally targeting six Jewish-owned restaurants. There were about 300 anti-Zionist protesters and about 200 pro-Israel counterprotesters, police estimated. Rally organizers said the timing — just before the 88th anniversary of Kristallnacht, when Nazis attacked Jewish shops and homes — was coincidental.

Three people were arrested Sunday, according to police. Pennsylvania Gov. Josh Shapiro, who is Jewish, said a few hours after the crowd had dispersed, “In the midst of blatant antisemitic targeting of Jewish-owned restaurants on the anniversary of Kristallnacht, the City of Brotherly Love showed up to support our neighborhood businesses and prove once again that hate has no place in our Commonwealth.”















The post Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3 appeared first on The Forward.

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