Connect with us

Uncategorized

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.”


The post Eli Rosenbaum takes skills honed Nazi-hunting to investigating war crimes in Ukraine appeared first on Jewish Telegraphic Agency.

Continue Reading

Uncategorized

How a wedding in Oklahoma taught a group of police officers and SWAT team members to care about Judaism and Israel

I told the rabbi who was about to officiate at my daughter’s wedding that the guests would be an unusual mix — about 100 law enforcement officers, EMT’s, dispatchers, sheriffs and SWAT team members, many of whom had never met a Jew other than my daughter.

“In fact, they may not know that she is Jewish,” I said, “The other 50 guests will be our family from London, New York, Canada, Israel, a very different crowd.”

My daughter and Zac are both police officers in Oklahoma. Zac isn’t Jewish, but they both had wanted a Jewish wedding. It wasn’t easy finding a rabbi they actually liked who would officiate an interfaith marriage. The wedding was held Sept. 2, 2023. There was an outdoor garden and a bridge that led to the ceremony. The chuppah was constructed from an Amazon set of interlocking wooden bricks that the groom and his father assembled proudly. We decorated it with flowers but it looked like it could tilt over at any moment. The bride was bride-beautiful, a tiny 5’1″ with her handsome groom, a very tall 6’6″.

They were exquisitely happy and stood together as Rabbi Michael conducted the service, making sure to explain everything including the Hebrew parts. At the end of the ceremony, Zac even stepped on the glass and crushed it. The police officers, EMTs, firefighters, and SWAT teams were all riveted.

The party was held in the nearby barn, which was decorated with chandeliers and flowers and a DJ playing a mix of music. We danced the hora and the SWAT team managed to lift Zac and Martine high in the air as is tradition — a novel experience for most of our guests.

Then Oct. 7 happened in Israel.

A Jewish celebration in the Sooner State. Courtesy of Carla Singer

I got a call from my daughter: “Mom, my phone is ringing with many of the law enforcement people who were at our wedding. They want to know how they can help Israel.”

I was touched; they were responding because of the wedding they had attended.

Later that day my daughter called again: “Mom, I’m at the military supply store downtown, and the owner says she has 27 IFAK emergency medical kits. She wants to help Israel and will give the kits to me at cost. What should I do?”

By now I had heard from my friends in Israel that the government had been unprepared for the attacks and supplies were lacking.

“How much do they cost?” I asked. “Buy them all. While you’re at it, buy a bunch of tourniquets.”

From that moment on we tried to get these professional emergency medical IFAK kits to the IDF. The problem was that there was a backlog at the airport in Tel Aviv; donations were piling up because the IDF hadn’t been able to authorize them yet.

Because I had lived in Israel and had experienced another surprise October war in 1973, I had many Israeli contacts. I spoke to an IDF representative.

“We’re desperate for IFAKs. Yes, we need them,” he said.

“How do we get them to you?” He had no answer.

After a day of trying, I ran out of contacts and let my daughter continue. After all, she’s an excellent police officer and investigator.

Another day passed before I talked to my daughter again.

“Martine, how are you doing with the IFAKs?” I asked.

“Mom, they’re in Israel with a paratrooper unit,” she said.

I was shocked. “How did you get them there?” I asked.

Apparently, she had managed to track down a man who runs a volunteer retired military airlift organization. He wanted to help but said that his planes were flying medical supplies to Ukraine. Understanding the urgency, he gave her the name and contact information for his neighbor Moshe in Texas. Moshe was a retired Israeli commander of paratroopers.

“Take all of your IFAKSs out of their wrappings. Put them in a duffle bag and ship them to this address in Greenwich Village in New York City. Someone there will receive it and get it to a unit in the field in Israel,” Moshe told Martine.

Two months later at Christmas time, my daughter visited me in New York and we had family over for dinner. I urged her to tell the story.

“Well, Mom,” she said, “I have the video of the soldiers that they sent to me as a thank you.” She queued up her cell phone so we could see it.

Two soldiers stood alone in the dark — one held a machine gun and stood guard; the other held a sheaf of papers. “Martine, thank you for sending us the medical kits. We really need them,” he said. “Thanks also for the letters you sent with them. Yes, we will take you and your husband to the club you mentioned in your letter when you come to visit next time.”

Letters?

Martine had sent a long letter in the duffle bag, with others that had been written by police officers who had been at her wedding. They had been in the military before joining the police force. Their letters were short: “We have your backs. We support you and know what you’re going through. We were in Iraq, Afghanistan, and wish you the best.” They had heard about the duffel bag as word spread among the wedding guests and they wanted to do something. They did.

Recently, with antisemitism running rampant, a few of Martine’s police officer friends have quietly approached her. “We’ve been discussing where we would hide you, and protect you if our country turns against its Jews like they did in Germany,” they’ve told her. “You’ll be safe with us.”

One Jewish wedding educated a group of people. At one ceremony. At one party. In one night.

 

The post How a wedding in Oklahoma taught a group of police officers and SWAT team members to care about Judaism and Israel appeared first on The Forward.

Continue Reading

Uncategorized

Germany’s antisemitism czar says slogans like ‘From the river to the sea’ should be illegal

(JTA) — Germany’s antisemitism czar has urged a law to ban pro-Palestinian slogans such as “From the river to the sea,” renewing a fraught debate over the country’s historic allegiance to Israel and freedom of speech.

Felix Klein’s initiative would ban chants that could be interpreted as calling for Israel’s destruction. His proposal has the support of German Interior Minister Alexander Dobrindt and is now being reviewed by the Justice Ministry, he told Haaretz on Wednesday.

“Before Oct. 7, you could have said that ‘From the river to the sea’ doesn’t necessarily mean kicking Israelis off the land, and I could accept that,” said Klein. “But since then, Israel has really been facing existential threats, and unfortunately, it has become necessary here to limit freedom of speech in this regard.”

Klein, the first holder of an office titled “Federal Government Commissioner for Jewish Life in Germany and the Fight against Antisemitism” since 2018, added that he believed the law must be passed even if it is challenged in court for violating free speech.

Hamas’ Oct. 7, 2023, attacks and the subsequent and devastating Israel-Hamas war in Gaza tore at the seams of Germany’s national doctrines. The war triggered a sharp rise in antisemitic and Isalmophobic incidents across the country. It also exposed charged questions about when Germany prioritizes its responsibility toward the Jewish state, which became central to German national identity after the Holocaust, and when it upholds democratic principles.

The legal boundaries of pro-Palestinian speech are already far from clear-cut. Currently, courts decide whether a person chanted “From the river to the sea, Palestine will be free” in support of peacefully liberating Palestinians or in endorsement of terrorism. In August 2024, the German-Iranian activist Ava Moayeri was convicted of condoning a crime for leading the chant at a Berlin rally on Oct. 11, 2023.

Shortly after the Hamas attacks, local authorities across Germany imposed sweeping bans on pro-Palestinian protests. Berlin officials authorized schools to ban the keffiyeh, a symbol of Palestinian solidarity, along with slogans such as “Free Palestine.”

Jewish and Israeli activists were caught up in the crackdown. In October 2023, a woman was arrested after holding a poster that said, “As a Jew and Israeli: Stop the genocide in Gaza.” And police prohibited a demonstration by a group calling themselves “Jewish Berliners against Violence in the Middle East,” citing the risk of unrest and “inflammatory, antisemitic exclamations.”

Earlier this year, German immigration authorities ordered the deportation of three European nationals and one U.S. citizen over their alleged activity at pro-Palestinian demonstrations. Three of the orders cited Germany’s “Staatsräson,” or “reason of state,” a doctrine enshrining Germany’s defense of Israel as justification for its own existence after the Holocaust.

But that tenet is not used in legal settings, according to Alexander Gorski, who represents the demonstrators threatened with deportation. “Staatsräson is not a legal concept,” Gorski told the Jewish Telegraphic Agency in April. “It’s completely irrelevant. It’s not in the German Basic Law, it’s not in the constitution.”

Jewish leaders such as Charlotte Knobloch, a Holocaust survivor and president of the Jewish Community of Munich and Upper Bavaria, have argued that anger toward Israel created a “pretext” for antisemitism. “It is sufficient cause in itself to fuel the hatred,” Knobloch said to Deutsche Welle in September.

In recent months, two German establishments made the news for refusing entry to Jews and Israelis. A shop in Flensburg, which posted a sign saying “Jews are banned here,” is vulnerable to German anti-discrimination law. Not so for the restaurant in Fürth whose sign read, “We no longer accept Israelis in our establishment,” according to anti-discrimination commissioner Ferda Ataman, who said the law does not apply to discrimination on the basis of nationality.

Klein said he has also initiated legislation to expand that law to protect Israelis and other nationalities.

He has a longstanding relationship with Jewish communities in Germany, starting with his Foreign Office appointment as the special liaison to global Jewish organizations. In that role, he helped create a “working definition” of antisemitism for the International Holocaust Remembrance Alliance in 2016. That definition has sparked contentious debate, as critics argue it conflates some criticisms of Israel with antisemitism.

Klein believes that anti-Zionism does largely fall in the same bucket as antisemitism. “I think in most cases it is — it’s just a disguised form of antisemitism,” he told Haaretz. “When people say they’re anti-Israel, what they really mean is Jews.”

The post Germany’s antisemitism czar says slogans like ‘From the river to the sea’ should be illegal appeared first on The Forward.

Continue Reading

Uncategorized

There’s something missing from John Fetterman’s memoir: Israel

There may be no senator who has committed more fervently to supporting Israel, at a greater personal cost, than Sen. John Fetterman.

In the weeks following the Oct. 7 attacks on Israel, the Pennsylvania Democrat began taping hostage posters to the wall outside his office and wearing a symbolic dogtag necklace. He embraced Israeli Prime Minister Benjamin Netanyahu, a pariah to many Democrats. As the civilian death toll in Gaza mounted, he posted constantly on social media to defend the war.

The position has cost him followers, friends, staff and perhaps in the future his seat. But it has also made him a hero in parts of the Jewish community. He received awards from Yeshiva University and the Zionist Organization of America and he was brought onstage as a panelist at the national Jewish Federations of North America convention.

Given the centrality of Israel to his focus in office — he was sworn in only 9 months before Oct. 7 — and how often he posts about it on social media, one might anticipate Fetterman giving it a lengthy treatment in his newly released memoir, Unfettered. The title of the memoir, too, seems to promise candor.

Instead, Fetterman dedicates all of three paragraphs to Israel in a book that largely rehashes lore from before his time in the Senate and discusses his struggles with mental health. These paragraphs — which even pro-Israel readers will read as boilerplate — appear in the book’s penultimate chapter, which is about his declining popularity since taking office.

Some have suggested that the reason some of the media and former staffers turned on me was because of my stance on Israel. Others imply that my support of Israel has to do with impaired mental health, which isn’t true. My support for Israel is not new. I was quoted in the 2022 primary as unequivocally stating that “I will always lean in on Israel.”

There’s a paragraph here about sticking to his morals even if it means defying his party, then:

There was no choice for me but to support Israel. I remembered the country’s history — how it was formed in 1948 in the wake of the murder of six million Jews. Since then, the rest of the Middle East, harboring resentments going back thousands of years, has only looked for ways to eradicate Israel. It took less than a day after the formation of the Jewish state was announced for Egypt to attack it. Every day in Israel is a struggle for existence, just as every day is an homage to the memory of the Jews shot and gassed and tortured.

It’s also clear that war in Gaza [sic] has been a humanitarian disaster. At the time of this writing, roughly sixty thousand people have been killed in Israel’s air and ground campaign, over half of them women, children, and the elderly. I grieve the tragedy, the death, and the misery.

Satisfied with this examination of the hypothesis for his growing unpopularity, Fetterman then moves on to another possible reason: his votes on immigration.

It’s strange to read the Israel passages in light of Fetterman’s full-throated advocacy on any number of issues related or connected to the Israel-Hamas war, including the hostages, campus protests, and rising antisemitism. Even if he did not reckon more deeply with his support for a war that brought about a “humanitarian disaster,” he might have talked about meeting the hostage families, or visiting Israel, or his disappointment that some voices within his party have turned against it.

The production of Unfettered was itself a story earlier this year, and may explain the book’s failure to grapple with a central priority.

Fetterman reportedly received a $1.2 million advance for it, roughly a third of which went to Friday Night Lights author Buzz Bissinger to ghostwrite it. But the two apparently had a falling out at some point, according to the sports blog Defector, which wrote in June that “in the process of having to work with Fetterman, Bissinger went from believing the Pennsylvania senator was a legitimate presidential candidate to believing he should no longer be in office at all.”

Bissinger is not credited anywhere in the book, and does not appear to have contributed. (He refused to discuss the book when a reporter called him earlier this year.)

But the mystifying section about Israel may have nothing to do with a ghostwriter or lack thereof. It may instead be explained by a letter his then-chief of staff wrote in May 2024, in which he said Fetterman “claims to be the most knowledgeable source on Israel and Gaza around but his sources are just what he reads in the news — he declines most briefings and never reads memos.”

The post There’s something missing from John Fetterman’s memoir: Israel appeared first on The Forward.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News