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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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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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Israel’s President Herzog tasks Gadi Eisenkot with forming Israel’s next government

(JTA) — JERUSALEM – Israeli President Isaac Herzog on Sunday formally tasked Gadi Eisenkot with forming the next government, nearly two weeks after the country held a national election and days after a majority of parliamentary factions said they would recommend Eisenkot as the next prime minister.

“Yashar Leader Gadi Eisenkot, I expect you to do everything in your power to establish a government that will serve the entire people, those who supported it and those who did not, and that will be a responsible and decent address for all sectors, faiths, ways of life, and worldviews,” Herzog said in a televised ceremony held at his residence in Jerusalem.

Eisenkot has up to six weeks to assemble a coalition, a step that typically includes at least 61 seats out of 120 in Israel’s parliament, the Knesset. If he fails to do so within that time, then the president can give another Knesset member the opportunity to form a government.

In his speech on Sunday, Eisenkot said that Israeli democracy was “at one of its most vulnerable moments.”

“The campaign to undermine the legitimacy of our democracy, together with the growing distrust in state institutions, fueled daily, has brought us to an extremely dangerous point,” he said, adding that continuing on this path Israel would reach the “point of no return.”

“The formal consultations held here, at the President’s Residence, have revealed a clear picture: an absolute majority of Knesset members, representing the Israeli public, support change and support me as prime minister,” he said.

Some 67 members of the Knesset recommended Eisenkot, a former IDF chief of staff, for prime minister during those consultations. Meanwhile, 46 members of Knesset recommended incumbent Prime Minister and Likud Leader, Benjamin Netanyahu. One faction, United Torah Judaism, with seven members of Knesset, refrained from recommending any candidate.

The consultations, Herzog said, “brought to the surface the disputes, the painful points, and of course, the multitude of voices within Israeli society and politics.”

He added that the differences “reminded us all that every citizen of Israel has an equal voice, from every side, every view, every way of life, and every faith.”

Eisenkot said he would work to bridge those divisions and attempt to form a national emergency government, even if it required “creative and unconventional political initiatives.”

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.

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 Israel’s President Herzog tasks Gadi Eisenkot with forming Israel’s next government appeared first on The Forward.

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Boy George’s Tel Aviv concert was not perfect. For the crowd, that was beside the point

(JTA) — TEL AVIV — Sound problems, guitar trouble and an admission of forgotten lyrics punctuated Boy George’s second Tel Aviv show Saturday night. But the British pop star, irreverent, occasionally exasperated and frequently hilarious, could hardly have asked for a more forgiving audience.

At 65, the Culture Club frontman is no longer the chart-topping phenomenon of the 1980s. Although plenty of those who filled Menora Mivtachim Arena were old enough to remember his heyday firsthand, his appeal went well beyond nostalgia.

At a time when international stars have largely stayed away from Israel, George has become one of the country’s most outspoken supporters, enduring considerable backlash from within the music industry for his refusal to remain silent over the Oct. 7 Hamas attack.

“Silence is not a f—ing option,” he said to thunderous applause.

Saturday’s concert, the second of two nearly sold-out performances following Wednesday’s show at the same venue, was dedicated to survivors of the Nova music festival massacre and bereaved families, with 1,500 tickets donated to members of the community. Israeli DJ and producer Ofer Nissim joined George onstage in the second half, bringing a dance-club element to an evening that mixed Culture Club classics, covers and newer material.

His habit of mocking himself and mimicking others repeatedly drove the crowd to laughter, turning interruptions that might have derailed a slicker performance into part of the entertainment.

The banter ranged from wisecracks about technical glitches to personal reflections on the hostility he has encountered over his support for Israel. When a guitar failed to produce any sound, he appeared mildly irritated, telling the crew, “You have to plug things in, you know.”

“This is a weird moment,” he added, before smiling and continuing, “but this whole night has been a weird moment.”

Introducing his cover of Bob Dylan’s “It Ain’t Me, Babe,” he explained that he had attempted it on Wednesday but forgotten the lyrics. “Luckily, this time I have autocue,” he said, breaking into his trademark laugh.

As for his detractors around the world, he made clear that he had little interest in winning them over.

“I’m 65. It’s too late to hate me, I don’t give a s–t,” he told the audience.

The one person’s opinion that mattered to him, he said, was his late mother’s. Recalling an Irishman who had suggested that his Irish mother would be ashamed of his support for Israel, given Ireland’s strong sympathy for the Palestinian cause, George was defiant.

“I can tell you categorically my mother will be more proud of me than she’s ever been,” he said.

In another characteristically unpredictable diversion, George dedicated his solo release “Clouds” to Philip Sallon, a longtime Jewish friend and influential figure in London’s club scene who helped introduce him to Jewish traditions when he was young.

The two have since fallen out. “He hates my guts right now,” George said, asking anyone who knew Sallon to tell him that he had sung the song for him in Israel as an act of forgiveness, “as a mitzvah.”

But the evening’s most emotional moments belonged to “We Will Dance Again,” the song George released in July about the Nova attack. Its lyrics explicitly reference the atrocities committed on Oct. 7, criticize fellow musicians for their silence and challenge accusations of genocide against Israel.

George’s eight-day visit included a meeting with President Isaac Herzog and a trip to the Nova massacre site near Kibbutz Re’im, where Hamas terrorists murdered more than 360 festivalgoers on Oct. 7, 2023.

Having visited Israel many times before, he told the audience that this trip had affected him differently. He also appeared uneasy about the gratitude being lavished on him.

“It’s awkward for me as an outsider to be in the midst of this amazing recovery and sadness,” he said.

Survivors of the Nova massacre and relatives of those murdered joined George onstage carrying Israeli flags for “We Will Dance Again.”

George, having changed into a colorful, geometric-print suit and rhinestone-studded black hat, performed the reggae-inflected song about one of the most traumatic events in Israeli history while embracing the survivors and bereaved relatives beside him.

At one point, he seemed close to tears. “I’m going to cry,” he said.

But even the solemnity didn’t last long. When George invited one of the bereaved women to address the crowd, she demurred because she didn’t speak English.

“I’ve never met a Jewish person who doesn’t have anything to say,” he joked, drawing laughter and applause from the crowd.

In the audience, people swayed to lyrics that included an explicit reference to girls raped against trees. Kay, a singer from Tel Aviv, remained seated, tears in her eyes.

“I can’t dance to that,” she said.

Yet she was deeply moved by George and the atmosphere surrounding the performance, and was untroubled by its hiccups.

“It doesn’t have to be perfect. It just has to be human, and that’s what connects us,” she said.

Tammy, a 60-year-old dance instructor who regularly plays Culture Club songs in her classes, hadn’t initially intended to attend. But after seeing footage of George’s Wednesday performance, she changed her mind.

“I saw the clips on social media and was jealous of people who went,” she said.

Lavie, a 24-year-old Israeli-born performer who divides his time between New York and Los Angeles, had never heard of Boy George before the singer began making headlines in Israel. He started studying his music ahead of the concert, hoping to learn from the veteran entertainer’s stagecraft.

“I learned a lot,” he said toward the end of the performance. “What impressed me most was how he handled all the glitches with grace and humor.”

Not everyone was quite so impressed.

Daniel, a Jaffa resident originally from Los Angeles, was scathing about the musical performance and even more critical of the audience’s reaction.

“Everyone was off-key, and it was just awful,” he said. “But what bothered me most was the crowd’s desperate need for approval.”

“We need a national therapy session to counter our neediness,” he added.

George saved “Karma Chameleon,” the 1983 hit that made him a household name around the world, for the finale. By then, the show had stretched to roughly two and a half hours, but thousands of people were still on their feet.

George contrasted the atmosphere in Israel with London, which he described as “full of anxiety and tension.”

“It feels so relaxed here,” he said. “I don’t want to go home.”

This article originally appeared on JTA.org.

The post Boy George’s Tel Aviv concert was not perfect. For the crowd, that was beside the point appeared first on The Forward.

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