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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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The two ways to see Oct. 7 – and how they’ll influence the Israeli election
There are two ways to look at the Oct. 7 attacks, and which way you do will determine, to a large degree, whether you want to see Israeli Prime Minister Benjamin Netanyahu survive the next election.
The first view is that Oct. 7 proved the Israeli-Palestinian conflict cannot be solved. The second is that it proved the conflict cannot be allowed to remain unresolved.
These conclusions point in almost opposite directions, yet both begin with something Israelis learned, or thought they learned, from the same horrific day. One says there is no point trying to mollify the Palestinians, because hatred of Israel runs too deep. The other says that leaving millions of Palestinians indefinitely in their current condition will produce catastrophe again and again. The tragedy is that Oct. 7 supplied powerful evidence for both.
The first view is not without foundation. Even to Israelis (and people across the world) who have long sought a peaceful accommodation, it was shocking to see the sheer joy of the Hamas terrorists as they butchered families while filming their own barbarism, calling parents to brag, then dragging innocents into Gaza where crowds wildly cheered.
But the real shock was the support for this in the West Bank and Gaza – polls showed two-thirds to three-quarters of Palestinians approved – suggesting coexistence is impossible. Rarely have polls been more devastating. As a result, many Israelis lost sympathy for Palestinians and concluded that a cleansing inferno is required. The brutal war that followed certainly reflected that.
The second way to see Oct. 7 is that the Palestinian issue cannot be ignored – that the situation of the Palestinians was so unacceptable that something terrible was bound to happen. Many Israelis have trouble accepting this, because it does not really explain Hamas, which would fight Israel in any case, even if it were led by a far-left government willing to hand over to it every inch of the West Bank and Gaza and divide Jerusalem. But it might explain why so many Palestinians – even ones not in denial about the facts – were prepared to support it.
This view also offers at least one reason why the propaganda war waged by Hamas and its supporters has been so successful. There are others – including antisemitism and an outright denial of Israel’s right to exist . But the fundamentally unacceptable situation of the Palestinians is a big one, to be sure.
The combination of these factors yielded stunning results and contributed to an unfair vilification of the country that continues to frustrate Israeli voters.
By Oct. 9, before Israel had even identified all its dead or invaded Gaza, accusations of “genocide” were already circulating online, then among activists, NGOs, academics and eventually governments. By Oct. 13, protests denouncing “genocide” took place in London. On Oct 17, the Qatar-based Arab Center for Research & Policy Studies held a symposium called “The War on Gaza: Palestinian Defiance and Resistance against Orchestrated Genocide and Expulsion.”
Within weeks, South Africa accused Israel of “genocide” at the International Court of Justice in The Hague, invoking the “crime of crimes,” a term most associated with the Holocaust, the Armenian Genocide and Rwanda. “This libel is powered by a relentless campaign of indictment that engraves a lie into collective memory,” says Adam Fisher, one of Israel’s top venture capitalists, who has researched the propaganda campaign in detail.
When Israel’s military entered Gaza, it faced an enemy that had deliberately embedded weapons caches, command centers and rocket launchers in homes and crowded neighborhoods, including hospitals, schools, mosques and UN sites. Hamas fighters vanished into tunnels beneath civilian areas, turning every dead child, collapsed building and grieving parent into material for a global indictment of Israel on social media. The strategy was clear: maximize civilian suffering, isolate Israel internationally, weaken American Jewish support and ultimately erode U.S. backing.
The implication is that Oct. 7 was a response to Palestinian suffering. The suffering is real, but Hamas was never defending Palestinians. The Iran-backed jihadist group has long sought to destroy Israel rather than establish a Palestinian state, and its campaign of terrorism after the 1993 Oslo Accords helped destroy the peace process by driving Israelis to the right.
Still, none of this makes the pre-Oct. 7 reality acceptable. In the West Bank, three million Palestinians live alongside some 500,000 Jewish settlers without equal rights, largely under military occupation, while extremist settlers have increasingly engaged in violence with the government and military often looking the other way. In Gaza, more than two million Palestinians endured a devastating Israeli-Egyptian blockade because Hamas ruled the Strip. It failed to prevent Hamas from arming itself while making civilian life miserable.
On Al Jazeera recently I was placed opposite a young Gazan named Ahmed Abo Askar, introduced as a humanitarian activist and engineering student. He said he had gone three days without eating, and looked like it. He hoped an aid flotilla might get through and then smuggle out his ailing father.
I tried to put things in perspective, explaining about Hamas and the need to be rid of it. Ahmed answered emotionally: “Israel, not Hamas, they are the ones who killed my sister, killed their children and their entire family on 6 November 2023. Not all of Palestinian people are Hamas. The goods, why it’s not entering? ‘It’s because of Hamas.’ We are not Hamas. We are human in the end.”
Everything I said was true – but he won the argument anyway, because he was a decent person suffering. No history lesson trumps that.
The insane situation has traumatized Palestinians and Israelis in parallel ways. The Palestinians – who are rooted in a conservative society disinclined to compromise – have been made, in large numbers, desperate enough to support a nihilistic movement like Hamas, which is truly genocidal against Jews.
As for Israelis, it has made huge numbers of them stop wanting to think seriously about Palestinians except through the lens of security and punishment. Some openly fantasize about expulsion. Empathy is viewed as naïve. Oct. 7 made Israelis a little crazy too – exactly per the plan of Hamas.
So the Israeli opposition — people deeply hostile to Netanyahu and his extremist coalition — is mostly afraid to touch the Palestinian issue at all in the campaign ahead of the Oct. 27 election, preferring to focus on Netanyahu’s epic domestic failures. Politically, the calculation is correct.
That is where the two interpretations of Oct. 7 attach themselves to the choice Israelis face in this election. Netanyahu has spent much of his career arguing, in practice if not always explicitly, that the Palestinian problem can be managed rather than solved: Contain Gaza, maintain Israeli control of the West Bank, expand settlements, periodically use overwhelming force and resist international pressure for Palestinian statehood.
If the lesson of Oct. 7 is that Palestinian hostility is essentially immutable and territorial compromise merely brings the enemy closer, then Netanyahu’s basic worldview survives despite his catastrophic failure on Oct. 7. The answer is deterrence and permanent Israeli security control — not another attempt at political reconciliation.
Gadi Eisenkot, the main challenger on the center-left, is more complicated. He is hardly offering Israelis a new Oslo: He has explicitly rejected a Palestinian state in the near- or medium-term and says the old two-state formula is unrealistic after Oct. 7. But he has also opposed more West Bank settlements and other measures that would make eventual territorial separation impossible.And he has long warned against Israel sliding into a binational state.
The implication is less a peace plan than a direction: Preserve the possibility of separating Israelis and Palestinians, change the conditions that perpetuate the conflict, and leave open a political horizon even if nobody can presently say exactly when it nears and how it ends. In that sense, the choice is not between Netanyahu and a dove. It is between continuing to manage an apparently permanent conflict and a government that might at least begin trying to move toward a possible peace.
But if Israelis conclude that Palestinians only understand force – which, by the way, Hamas clearly doesn’t – we’re guaranteeing a death spiral. Such a problem left to fester, without any attempt to change the dynamic, will blow up again and again. So after the election, if Netanyahu and his destructive right wing coalition are mercifully gone, this will need to be addressed in new and creative ways.
Both views of Oct. 7 rest on a foundation of facts. The invasion and massacre – and the widespread support for it among Palestinians – simultaneously dismantled both the Israeli left’s confidence in Palestinian intentions, and the Israeli right’s belief that the Palestinian problem could be indefinitely managed.
But it also proved that distrust is not a policy. Israel can build fences, destroy armies, assassinate commanders and punish those who attack it. What it cannot do is make millions of Palestinians disappear. If there is no political answer to that reality, eventually there will be another violent one.
The post The two ways to see Oct. 7 – and how they’ll influence the Israeli election appeared first on The Forward.
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Country star Zach Bryan dons ‘Free Palestine’ shirt at Gillette Stadium
(JTA) — Zach Bryan, one of the world’s most popular country artists, appeared onstage wearing a shirt that read “Free Palestine” on Saturday night at Gillette Stadium outside Boston.
The venue was at the center of the dispute between stadium owner Robert Kraft and rapper Macklemore, who was blocked from performing there after Kraft objected to statements and imagery from an earlier stop on the tour and a “broader history” that Kraft characterized as antisemitic.
Representatives for Bryan and Kraft did not respond to requests for comment.
Bryan, whose biggest hits include “Something in the Orange” and his Kacey Musgraves duet, “I Remember Everything,” broke a stadium attendance record with 73,538 people on hand, the stadium said in an X post.
Kraft, the billionaire owner of the New England Patriots, helped lead an effort by stadium owners to block Macklemore from performing at their venues as Ed Sheeran’s opening act. Sheeran tried to distance himself from the venue owners’ actions, but his backup band and other acts subsequently withdrew from the tour.
This article originally appeared on JTA.org.
The post Country star Zach Bryan dons ‘Free Palestine’ shirt at Gillette Stadium appeared first on The Forward.
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Britain’s Green Party adopts ‘Zionism is racism’ motion
(JTA) — Britain’s Green Party on Sunday adopted a policy equating Zionism with racism, a move that immediately drew condemnation from the Israeli government and sparked concerns among some Jewish party members and the broader Jewish community.
The motion has also caused divisions within the party itself, with leader Zack Polanski, who is Jewish, skipping the vote and the party’s five sitting members of parliament issuing a statement on the policy.
Passing with 1,022 votes to 813 votes at the left-wing party’s annual conference, the motion argues that Zionism as an ideology is racist as it promotes “ethnonationalism,” and “privileges one ethnic group on the basis of the subjugation of others.”
It also declares the Greens to be an “anti-Zionist party” and that Zionism, the movement to develop and protect a Jewish state in Israel, will be “treated as any other form of racism.”
The motion also supports the establishment of a “single democratic Palestinian State in all of historic Palestine with Jerusalem as its capital.”
Israel’s Ministry of Foreign Affairs said in a press statement, “Today, the Green Party in Britain ceased to act as a political party and became a body that gives legitimacy to terrorism. The Greens have adopted not only the green of Hamas, but also its ideology: the elimination of the State of Israel through armed struggle.”
“The shocking resolution adopted today legitimizes armed struggle, calls for a Palestinian state ‘from the river to the sea’ – meaning the destruction of the State of Israel – and labels as ‘racist’ the aspiration of the Jewish people for self-determination,” the ministry statement said, adding that it “goes far beyond the boundaries of legitimate political debate.”
The ministry called on other political parties in Britain, particularly the ruling Labour Party, to reject the resolution.
In a letter to Polanski ahead of the vote, the Board of Deputies of British Jewry, Jewish Leadership Council and Community Security Trust said they had “acute concerns” about the motion and called on the party leaders to oppose it. They wrote that urgent action was needed to address growing antisemitism within the Green Party. Such a motion, they wrote, “fuels hatred of Jews.”
The five representatives of the Greens who sit in Parliament – MPs Ellie Chowns, Adrian Ramsay, Siân Berry, Carla Denyer and Hannah Spencer – issued a joint statement condemning the actions of the current Israeli government led by Prime Minister Benjamin Netanyahu but emphasizing, “We know there is no conflict between supporting the rights of Palestinians and the rights of Jewish people.”
A clause was proposed to protect Jewish Greens by clarifying that the motion should not be used to “pressure, proscribe or discipline” those affiliated with synagogues or other Jewish groups that describe themselves as Zionist. The clause was voted down.
This article originally appeared on JTA.org.
The post Britain’s Green Party adopts ‘Zionism is racism’ motion appeared first on The Forward.
