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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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Democratic socialist rails against AIPAC in uphill primary bid against pro-Israel incumbent in Arizona
(JTA) — Kai Newkirk, an activist and democratic socialist, has made Israel and AIPAC a focal point in his effort to unseat pro-Israel Rep. Greg Stanton in Tuesday’s Arizona Democratic primary.
“I’ve been arrested over 25 times in civil disobedience — and I’ll go to jail for justice again before I ever take a dime from AIPAC,” Newkirk wrote on X last week, referring to the American Israel Public Affairs Committee.
Newkirk, 45, whose organizing has largely focused on campaign finance reform, has repeatedly blasted Stanton’s support from the pro-Israel lobbying group. He has also accused the Israeli government itself of “trying to interfere in our elections,” including in Arizona’s 4th Congressional District where he is running and which covers parts of Phoenix and Maricopa County.
He pointed to a $45 million text message campaign to improve Israel’s image in the U.S. as a sign of such interference, and posited that “they may be targeting areas where AIPAC is more invested or where these issues are more at stake.”
The primary comes as a number of left-wing congressional candidates with sharply critical Israel stances have won the Democratic nomination around the country, and as Israel and AIPAC grow increasingly unpopular among Democratic voters.
The most recent poll on the Arizona race, commissioned by a group that favors Newkirk, had Stanton up by 8 percentage points, while another poll, conducted two weeks earlier by a group favoring Stanton, showed the incumbent ahead by 33 points.
Newkirk’s platform includes ending all military aid to Israel and imposing an arms embargo on the country, which he accuses of genocide.
Stanton, 56, a four-term incumbent, voted against Kentucky Rep. Thomas Massie’s amendment to cut military aid to Israel last week. Newkirk criticized Stanton, saying that he would have voted for the amendment, and suggested that Stanton’s vote was the result of his support from AIPAC.
“Greg Stanton has taken over $300K from AIPAC,” Newkirk wrote. “And today — as so many Americans in our district and across the country struggle to get by — he just voted to send billions more of our tax dollars to Israel to fund their war crimes and genocide. Disgraceful.”
Among AIPAC’s endorsees in Congress, more than a dozen voted to cut aid to Israel last week; AIPAC has since removed the option on its website to donate to those candidates.
Stanton explained his vote on X, saying that the amendment “would undermine America’s ability to counter real threats from Iran” and weaken the ability to promote long-term stability across the region. He also criticized Israeli Prime Minister Benjamin Netanyahu and wrote that “clear change is necessary” as the U.S.-Israel security agreement, which includes $3.8 billion in annual military subsidies for Israel, nears its expiration in 2028.
Newkirk is endorsed by progressive groups such as Our Revolution, Track AIPAC and the Progressive Democrats of America.
Also among Newkirk’s endorsers is Cenk Uygur, the host of the Young Turks who has spread conspiracy theories about Israel. “Kai is Israel Free and has fought to get money out of politics his whole life,” wrote Uygur last month.
Newkirk has faced turbulence in establishing broader support.
The Young Democrats of Arizona pulled its endorsement of Newkirk earlier in July, writing that it had been “made aware of some concerning patterns of behavior” displayed by Newkirk, without specifying what it meant.
Newkirk did not respond to the Jewish Telegraphic Agency’s request for comment. After the Young Democrats of Arizona retracted its endorsement, Newkirk wrote that the withdrawal of the endorsement was based on a false report amid “a wave of wins by democratic socialists” and called it a “weaponization of … disavowed misinformation.”
Newkirk did speak out against last year’s killing of two Israeli Embassy staffers outside the Capital Jewish Museum in Washington, D.C. “I stand always with my beloved Jewish siblings against the scourge of antisemitism just as I will never stop in the nonviolent struggle to end the genocide in Gaza, release all hostages, and open the way to just, lasting peace,” he said.
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Ed Miliband, Britain’s new Jewish foreign secretary has a long history of support for — and disagreement with — British Jews
(JTA) — Tapped to become Britain’s new foreign secretary, Ed Miliband said he would strive to honor the memories of his Holocaust refugee parents.
“My parents came to Britain as Jewish refugees from the Nazis,” Miliband tweeted just hours after Prime Minister Andy Burnham named him to the post. “To them, Britain was both a sanctuary and a beacon of hope in the global fight against fascism. I will carry my parents’ faith in that spirit of Britain to my role representing our country.”
The appointment by the new prime minister positions Miliband as the highest-ranking Jewish official in the British government, assuming a role once held by his older brother David and at a time when questions of the country’s relationship to Israel are a pressing priority. Miliband has long decried antisemitism, including within his own party, and is also known as a critic of Israeli Prime Minister Benjamin Netanyahu.
Among the priorities facing the office is whether Britain should move forward with an effort to ban imports from West Bank settlements, which has support across the political spectrum, and how to handle surging anti-Israel and anti-Jewish violence that authorities say has been orchestrated by actors abroad.
Ed Miliband led the Labour Party when it was in opposition from 2010-2015; his brother was among the candidates he bested in the party’s 2010 leadership race.
He has said he has no Jewish practice or formal education and that his parents favored politics over religion. His mother, Marion Kozak, who died last month, was an early supporter of Jews for Justice for Palestinians, a British group, but ceased speaking out publicly as her sons ascended in British politics.
David Miliband, now the president of the International Rescue Committee, has also said his career choices stem from the suffering their parents endured as Jewish refugees.
Ed Milliband’s stances on Israel have caused consternation among British Jewish groups in the past. In 2014, he led his party in a symbolic vote to recognize a Palestinian state and also criticized the toll of Israel’s operations during that year’s Gaza war.
“I defend Israel’s right to defend itself against rocket attacks,” he said then. “But I cannot explain, justify or defend the horrifying deaths of hundreds of Palestinians, including children and innocent civilians.”
He also told the Jewish News at the time that he did not eschew the “Zionist” label.
“I am proud to be Jewish,” he said. “I’ve no issue with people calling me a Zionist.” He described Israel as “the homeland for the Jewish people.”
The Board of Deputies of British Jews and the Jewish Leadership Council said they recognized Miliband’s overall support of Israel, but also chided him for his comments about the Palestinian civilian death toll. “These comments regrettably ignore the ideology of Hamas, the psychology of Hamas, the actions of Hamas and thus the reality faced by Israel,” they said then in a joint statement at the time.
Miliband was succeeded as Labour Party leader by Jeremy Corbyn, whose strident pro-Palestinianism and perceived insensitivity to Jewish sensibilities marked the worst relations between the party and the Jewish community in decades.
Miliband was cautious about criticizing his successor but made clear his unhappiness with how Corbyn was handling the antisemitism charges in 2018 when he took the organized Jewish community’s side in lambasting the party leadership for rejecting a definition of antisemitism that includes some forms of anti-Israel rhetoric and activity.
“Labour should adopt the full IHRA definition,” he said then, referring to the International Holocaust Remembrance Alliance. “The argument that it is somehow incompatible with criticizing the actions of the Israeli government is wrong. The views of the vast majority of the Jewish community are very clear.
Miliband condemned Hamas’ Oct. 7, 2023, attack on Israel, but also persisted as one of Labour’s most forceful critics of Israel’s government.
During the 2024 general election campaign, he called Oct. 7 “an appalling terrorist atrocity,” saying, “We in the Labour leadership are completely committed to the security for the people and security for the state of Israel.”
However, he added that “the continuing Israeli action in Gaza is not either beneficial now for Israel, or for the people of Gaza.”
One of the first questions Miliband will face is how he will handle relations with U.S. President Donald Trump, who is famously averse to people who have criticized him in the past. “These are dark days for America and the world,” Miliband wrote in 2017, as Trump assumed his first term of office. The same year, Miliband also said Trump had “lowered the bar for idiocy.”
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Portland theater owner who added ‘The Jews’ to ‘The Odyssey’ marquee says ‘antisemitism is exaggerated’
(JTA) — The manager of a movie theater in suburban Portland, Oregon, is defending a cryptic marquee message about Jews and “The Odyssey” by saying modern-day antisemitism is “exaggerated” to help Israel.
“Before there were the Jews, there was … ‘The Odyssey,’” said the marquee at the Lake Theater and Cafe in Lake Oswego.
Local Jewish clergy, as well as Portland’s Jewish federation, have sharply objected to the message even as many admitted that, initially, they didn’t understand its intention.
The manager, Jordan Perry, whose theater has a history of provocative messaging, didn’t respond to Jewish Telegraphic Agency requests for comment. He told the Portland Tribune he would remove the signage — and said he intended it as an “intentionally subtle” commentary on what he believes is an overemphasis on antisemitism.
“Through the media I consume, I believe modern-day antisemitism is exaggerated, mostly as a defense for Israel’s actions in the Middle East and its involvement in our politics,” Perry told the Tribune. “My intention in referencing Jewish people on the marquee was to prod at everything being seemingly antisemitic with a statement that couldn’t possibly be construed as antisemitic.”
Perry also said he wanted “to push back culturally back on what constitutes antisemitism, to signal, in solidarity, that it’s not about ‘the Jews,’ that it’s about Israel, and Palestine, and Lebanon, and Iran, and AIPAC,” the pro-Israel lobby that has become a flashpoint for political criticism of Israel.
Portland’s Jewish federation has received more than 40 complaints about the marquee, according to its chief community relations officer.
“Any reference to ‘the Jews’ at this point in time, with the climate of antisemitism, makes it suspect already, not to mention of course that it was historically inaccurate,” Bob Horenstein said in an interview. (Historical scholars have traced the Jewish community of Greece to ancient times, predating Homer’s authorship of “The Odyssey” in the eighth century BCE.)
Horenstein asked the theater to change the marquee; the reaction from local Jews, he said, was largely “unsettled” and “unnerved.” Perry ignored him, he said. “And our suspicions proved positive because he made it very clear what his intention was.”
Perry’s fuller comments were even more offensive, Horenstein said, particularly his assertion that claims of modern antisemitism are exaggerated. “It’s not for anyone outside of our community to tell us whether we’re overreacting to antisemitism,” the federation leader said.
The marquee was later reportedly altered, with a reference to the navigation app Waze replacing “The Jews” — a possible joke about the meandering nature of Odysseus’s journey, though Horenstein noted the app was also created by Israelis.
Eventually the messaging was removed altogether, replaced with a simple advertisement for the film.
Eve Posen, a rabbi at Conservative Congregation Neveh Shalom in Portland, wrote on Facebook before the revelation of Perry’s motives that the marquee had distressed her. She saw it as of a piece with the recent U.S. House of Representatives vote on ending military aid to Israel, which none of Oregon’s five Democratic members of Congress voted against, as well as a recent account of a local Jew whose car was recently been vandalized with swastikas.
“It raises a painful question: why invoke Jews at all?” Posen wrote. “In a moment when antisemitism is already at historic levels, casually inserting Jews into a narrative where we do not belong doesn’t feel harmless.”
The theater’s peculiar sense of humor has raised eyebrows in the past. Upon the recent release of the Michael Jackson biopic “Michael,” the marquee made a reference to the singer’s child sexual abuse allegations. And earlier this year a marquee message about the First Lady documentary “Melania” led that film’s distributor, Amazon Studios, to pull the film from the theater.
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