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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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Teenager eulogizes slain father who saved his life in West Bank terror attack just before Yom Kippur
(JTA) — Standing at his father’s grave after Yom Kippur 16-year-old Yoav Shukron thanked him for the warning that saved his life a day earlier, when a Palestinian gunman opened fire on the two of them at a West Bank spring.
“Dad, I want to say thank you for 16 years together. Thank you for giving me life,” Yoav said on Monday night as his father, Netanel Shukron, 48, was laid to rest in the West Bank settlement of Alei Zahav.
“Thank you for shouting out to me during the attack, when the terrorist came in. I don’t remember what you said to me, and I ran,” he added, in remarks carried by Channel 12 news.
Yoav had accompanied his father to the Ein Riya spring near the settlement of Neve Tzuf on Sunday to immerse ahead of Yom Kippur when the attack took place.
Yoav escaped unharmed. Shukron, a father of six, was critically wounded and later pronounced dead at Beilinson Hospital in Petah Tikva.
Hundreds of relatives, friends and residents attended the funeral, held after the Yom Kippur fast ended.
“Nati was the most involved father in the world,” his wife, Merav Shukron, said.
Reflecting on their 18-year marriage, she said, “We came from different families, but that didn’t stop us from being soulmates. Nati, our family is perfect, everything was perfect.”
The couple had six children, ages 4 to 16. Shukron worked as an information systems analyst at Hachshara Insurance Company, while Merav Shukron is a lecturer at Ariel University.
Merav said the family had been due to travel abroad the following week and that her husband had carefully planned the trip around spending time together, including packing a sukkah and food for the holiday.
According to the Israeli military’s preliminary investigation, the Palestinian attacker drove to the spring and opened fire. An Israeli military tracker who was nearby in an armored vehicle returned fire and wounded the gunman, preventing him from continuing the attack.
The attacker fled and was located several hours later receiving treatment at a hospital near Ramallah, where soldiers from the elite Duvdevan unit arrested him.
Israeli security officials identified the suspected attacker as Qadri Samara, a resident of the Palestinian town of Biddu who is affiliated with the Hamas terror group and was previously known to Israeli security forces, according to Channel 13. Investigators said he had visited the spring the previous day and determined that large numbers of people would be there to immerse in its waters ahead of Yom Kippur, a practice observed by some Jews before the fast.
In the aftermath of the attack, Israeli troops carried out a large operation in Biddu, mapping Samara’s home ahead of its possible demolition, searching about 100 locations and questioning about 90 suspects. The military also reinforced its forces across the West Bank, including by deploying the elite Egoz unit to the area.
About an hour after the shooting, soldiers thwarted a separate attempted car-ramming attack at the Ganim military post in the northern West Bank. One attacker was killed and a second was arrested, Channel 13 reported, adding that no soldiers were wounded.
Prime Minister Benjamin Netanyahu said in a post on X, “No terrorist is immune, neither are those who assist them; we will settle scores with all of them – in Gaza, in Lebanon, and in Judea and Samaria,” using the biblical term for the West Bank.
President Isaac Herzog noted that the attack came “on the eve of Yom Kippur, as the people of Israel gather for the holy day.”
“Terror will not break us or shake our spirit,” he said. “We will stand against it together, united, determined and full of faith.”
Shukron’s killing has also become the first case in which Israeli officials are considering applying a death penalty law approved by the Knesset in March, according to the KAN public broadcaster.
The law, long championed by National Security Minister Itamar Ben-Gvir and his far-right Otzma Yehudit party, makes death the default sentence for non-Israelis convicted in Israeli military courts of carrying out deadly nationalist attacks, while allowing judges to impose life imprisonment in “special circumstances.” It passed the Knesset 62-48 and immediately drew a High Court challenge.
Ben-Gvir raised the possibility of applying the law to Samara during a security meeting before Yom Kippur, arguing that the case was the first to meet the law’s criteria. Netanyahu did not rule out the proposal and asked IDF representatives for their position on applying the law, which they said they saw no impediment to doing, according to KAN, though the report noted that the military advocate general was not present at the meeting. The issue is expected to be discussed again in a smaller cabinet forum with the IDF’s legal chief present, the report said.
This article originally appeared on JTA.org.
The post Teenager eulogizes slain father who saved his life in West Bank terror attack just before Yom Kippur appeared first on The Forward.
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Herzog’s Yom Kippur pardon of soldier crystallizes choice for Israeli voters
On the eve of Yom Kippur, President Isaac Herzog pardoned Elor Azaria, an Israeli soldier convicted of manslaughter for shooting a wounded Palestinian attacker in the head in Hebron a decade ago.
Azaria served nine months of an 18-month sentence and was released in 2018. His conviction remained on his record, with the ordinary process leaving it in place until 2032, complicating life for the now 30-year-old.
To ease that burden, Defense Minister Yisrael Katz, from Prime Minister Benjamin Netanyahu’s Likud Party, in July asked Israeli President Isaac Herzog, to grant Azaria clemency, expunging the record.
This Herzog did on the eve of Yom Kippur. There is a coherent argument for that decision. Azaria was a young soldier when the shooting occurred, he served his sentence, and a criminal record can continue to impose practical obstacles on civilian life long after a formal prison sentence has ended. Herzog invoked reconciliation and the possibility of a new beginning, as well as the consequences Azaria had already endured.
But the army did not agree. Current military chief Eyal Zamir and other senior officers opposed the request, arguing that Azaria had never expressed genuine remorse.
The pardon has now returned the Azaria affair to the center of Israeli politics at a particularly consequential moment.
Lt. Gen. Gadi Eisenkot, the military chief at the time who publicly pushed for prosecution, is now the main political leader in the opposition and its leading candidate for prime minister. Netanyahu, the prime minister at the time who called for Azaria’s pardon, is still leading the other side of Israel’s great political argument. After the Oct. 27 election, Herzog will consult the elected factions and probably assign the task of forming a government to one of them, based on who he believes has the best chance.
If the numbers leave neither Eisenkot nor Netanyahu with a clear path to a majority of 61, Herzog could face a genuinely consequential exercise of presidential judgment between the two men who stand on opposite sides of the Azaria case – which he himself has turned into an election issue.
The roots of that divide go back to March 24, 2016, when Israeli soldier Azaria aimed his rifle at Abdel Fattah al-Sharif and pulled the trigger. Al-Sharif had attacked Israeli soldiers with a knife and was shot and incapacitated. Minutes later, as he lay on the ground, Azaria nonchalantly raised his rifle and fired, from a few meters away. Al-Sharif was clearly not threatening the numerous soldiers milling around.
The shooting was captured on video, and what might otherwise have remained a disputed incident became one of the defining political arguments in Israel. It was a moment when Israeli politics – notoriously complex and sometimes inscrutable even to insiders – briefly came into focus: the fault line is whether you think this is OK.
The military treated the shooting as a serious criminal matter,. Eisenkot’s position, which earned vilification from the political right, was that a soldier could use lethal force against a genuine threat but could not simply kill a captive. The case became a test of whether the IDF’s rules meant anything when enforcing them was unpopular.
Netanyahu, who then as now was prime minister, is a man of sharp political instincts. During the controversy he called Azaria’s father, Charlie, offering sympathy. The eventual conviction was for manslaughter. After Azaria’s conviction, Netanyahu openly went all the way to politicize the case, calling for Azaria to receive a pardon.
The difference was unmistakable. Eisenkot saw the case through both the institutional obligations of the army and morality; he still believed in the old Zionist notion of the IDF as the world’s most ethical military. Netanyahu saw the political benefit in amplifying and harnessing the emotional identification of many frightened people with the soldier.
Israeli society was changing, the inflection point being the Second Intifada – a campaign of barbaric suicide bombings against civilians that was launched between 2000 and 2004, even as Israel was offering Palestinians statehood on the vast majority of the West Bank and Gaza. In 2005 Israel unilaterally pulled out of Gaza, uprooting thousands of settlers, resulting in Hamas jihadists taking over and years of rocket fire. The 2010s saw more killings.
After so many disappointments and so much bloodshed, many Israelis had just given up on the Palestinians (and to be fair, the feeling was mutual, largely because of the continuing occupation and the constant expansion of West Bank settlements). A significant part of the public had become indifferent at best to the idea that a soldier confronting a terrorist should be constrained by rules that might prevent him from firing. Netanyahu was either riding the tiger or goading it on, and perhaps both at the same time.
A decade later, the institutional divide exposed by the case remains remarkably intact. The current military leadership’s opposition to the pardon places today’s IDF, at least on this issue, in the same institutional tradition that Eisenkot represented in 2016: the conviction that the army’s rules must survive the political passions surrounding a particular soldier.
On the baseline level, this sad affair is about where self-defense ends and vengeance begins, and what to do when many citizens no longer care. But on a higher level, it encapsulates a contradiction from the earliest days of Zionism. The founders wanted two things at once: to turn the Jews, via national sovereignty, into “a people like all others”; and to make of their state “a light unto the nations.” Both sound good, yet one must choose.
The bullet that Azaria fired in Hebron helped crystallize that choice, which maps neatly into the political one between Eisenkot and Netanyahu. In placing his own signature on the final page of the Azaria affair, Herzog ensured it will be a highlight of the campaign, and of the legacy of both Eisenkot and Netanyahu.
It is no coincidence that the same person advocating for a man many consider a murderer is also feverishly machinating to dismantle the foundations of liberal democracy in Israel, while on trial for corruption. For Netanyahu, the ship of old-time Zionist mythology has sailed, and he’s not aiming to cast any light unto the nations. Eisenkot, essentially, still is.
The post Herzog’s Yom Kippur pardon of soldier crystallizes choice for Israeli voters appeared first on The Forward.
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Trump urges nations to unite against Iran in UN address
(JTA) — U.S. President Donald Trump called upon nations to stay united in their pressure on Iran’s economy, as he addressed the United Nations General Assembly in New York on Tuesday.
Indeed, Trump showed no sign of walking down from the military conflict he began with Tehran in February amid criticism that the U.S. is not accomplishing its goals, though he did hold out the prospect of a negotiation solution later this fall.
“I have a big decision to make: Will a deal be made with Iran that lets them rebuild and create a far greater country than it ever was before?” Trump asked. “Or do I annihilate the Islamic Republic and do it quickly, never giving them a chance to destroy people and countries again?”
Despite these threats, the president expressed his belief that the two countries will “make a deal, right after the election because it doesn’t make sense for them not to,” referring to the House and Senate elections on Nov. 3.
During a bilateral press conference with Ukrainian President Volodymyr Zelenskyy, Trump confirmed that envoys Steve Witkoff and Jared Kushner participated in a three-hour meeting with the Iranian delegation on Tuesday.
“It went very well,” Trump said. “It was a very good meeting. It’s potential greatness or obliteration. It could be a great country.”
Trump said in his speech at the General Assembly that Iran was likely waiting for the results of the midterm elections to make a deal.
Stressing that he “gave absolutely no credence” to the election when making decisions on Iran, Trump maintained that the regime is “weak and desperate.”
Despite Trump’s characterization of Iran as weak, Tehran has largely succeeded in disrupting commercial shipping through the Strait of Hormuz, a crucial route for global energy supplies.
Trump continued to maintain that he “will never allow Iran to have a nuclear weapon,” slamming the regime’s leaders for their repeated refusal to make deals and their focus instead on making missiles capable of hitting Europe.
“Iran’s goal was to complete their mad dash to a nuclear bomb from behind this conventional ballistic missile shield,” he added. “After giving Iran every chance for a deal, I took action.”
He linked the fight against Iran with the Hamas invasion of southern Israel nearly three years ago, reminding the world that the two wars are connected.
“In two weeks, we will mark the third anniversary of the Oct. 7 terror attack in Israel, where terrorists funded by Iran tortured, mutilated and killed 1,200 very innocent civilians, including dozens of Americans and many babies — little, tiny, beautiful babies,” Trump said.
The State Department has said an estimated 1,200 people were killed in the attack, including at least 843 civilians and dozens of Americans.
“Iran’s supreme leader celebrated that massacre and called it a service to humanity,” the president continued. “The same regime slaughtered over 72,000 of its citizens this year. Recently, 10,000 were killed for protesting.”
Death toll estimates from Iran’s crackdown on anti-government protests have varied widely, and neither Trump’s figure of 72,000 people killed by the government this year nor his figure of 10,000 protesters killed has been independently verified.
While Democrats have argued that Trump hasn’t accomplished strategic goals in the conflict, the president cited a list of accomplishments thus far in the war. He said that all 159 Iranian naval ships are lying at the bottom of sea, with the air force destroyed, radars gone, missile capacity reduced and inflation devastating the country.
The president also commended the U.N. Security Council “for voting overwhelmingly to pass a resolution condemning Iran’s despicable terrorist attacks on commercial ships,” while calling upon nations to remain “united in maintaining pressure” on Iran’s economy.
Trump described the dangers posed by Iran to the world as “a reality that far too many preferred to ignore.” He declared that there is no greater threat in the world than “the No. 1 sponsor of terror, the Islamic Republic of Iran,” which he accused of “spreading death and carnage and chaos across the entire Middle East and beyond.”
The president noted that just a year ago, when he addressed global leaders at the same assembly, the war in Gaza “was still raging brutally.” Hostages taken by Hamas on Oct. 7, 2023, remained “deep in Hamas tunnels and there was no end in sight.” But on the sidelines last year, he said that steps taken “changed everything.”
“A few weeks later, we ended the war in Gaza saving untold thousands of lives,” Trump said. “We also brought home all remaining hostages, both living and dead — every single one of them. Everyone thought it was a miracle that we were able to do so, and people celebrated in the streets.”
He then expressed his gratitude to the U.N. Security Council for its unanimous endorsement of his 20-Point Gaza Peace Plan and for approving the Board of Peace tasked with managing those efforts. Israel rejected the plan this summer, arguing that it did not provide sufficient guarantees of Hamas disarmament.
Nonetheless, Trump recognized the nearly 30 countries that have joined the board and contributed billions of dollars to relief funds. Trump also thanked nations that have contributed police and troops to the region.
He also boasted of the U.S. having invested $1.5 trillion this term in the military, a sum he described as “more than ever before.” Denying reports that the country was running low on weapons, Trump declared that the country has “more munitions than we could ever possibly think of using.”
“I do not believe in letting problems fester,” Trump said. “So while others have talked, I have acted.”
This article originally appeared on JTA.org.
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