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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 Nakba exhibit and the importance of historical context
By NOAH STRAUSS When I went to the Nakba Exhibit, I was shocked, not by the contents of the exhibit but by its size. The exhibit was tiny in my eyes, and I thought the amount of outcry was excessive for an exhibit that is less than 500 words. It felt like every other day the National Post had an article about the exhibit, criticizing different aspects of it. But then I had a realization: the exhibit was never criticized because it was “too” big, but because of the contents of it. When I was toured by the curator, I actually asked her, “Where is the rest of it?” I was confused because I had been misled by the media to believe the size of the exhibit was massive.
I believe that every human being should be able to live a free life. No human should be bullied for who they are. That is not okay, and to some credit, the Nakba exhibit does cover this. But where my problem now comes into play is the fact that the museum fails to portray the full history surrounding the Nakba.
The museum is publicly funded; our taxpayers’ dollars go there. It is supposed to represent our nation and our beliefs, not take a side on history. The Museum did exactly that. It took a side, and guess what? It caused chaos.
Whenever asked why it does not show the other side of history, the museum would always say something along the lines of: our space is limited, the focus of the exhibit is solely the Nakba, etc. But to me, these are excuses, and I will call that out.
For context, the Nakba was an event that occurred around 1948 after the 1947 UN Partition Plan. The Nakba continued until about 1949. During this time, approximately 750,000 Palestinians were either forced out or left what is now Israel.
The Museum is contributing to concerns surrounding the rise of antisemitism. The Museum has failed to mention that during the same era as the Nakba, hundreds of thousands of Jewish people were displaced from Middle Eastern and North African countries, with many forced to leave because of their religion.
Context matters. Yes, 750,000 Palestinians were displaced, but what happened during the same era also left hundreds of thousands of Jewish people without homes. When a visitor with no historical context walks in to see what the “Jewish” people did to the Palestinians, of course they’re going to blame the Jews. Because it makes me, a Jewish person, look terrible.
In my view, the exhibit contributes to concerns about growing antisemitism by presenting an incomplete historical narrative.
But then, as Jewish people, we need to know when it’s time to move forward. We need to focus on how we can positively portray the Jewish community and show the world who we are, rather than allowing others to define us through a one-sided historical narrative.
Noah Strauss is a 15-year-old Gray Academy student
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Trump is still going after Palestinians in the U.S. Jews must keep protesting those antidemocratic efforts
Mohsen Mahdawi, a 35-year-old Palestinian, has been a permanent resident of the United States for the past 14 years. And as the U.S. government presses ahead with efforts to deport him over his pro-Palestinian advocacy at Columbia University, more than 1,000 Jews have come forward to defend him by signing an open letter I authored.
Why? At a time of particularly fractious division in the Jewish community over issues related to the Israeli-Palestinian conflict, how is it possible that so many Jews have come together in support of a Palestinian activist?
One key reason is that the government is seeking to infringe upon the rights of someone who neither engaged in acts of violence nor supported them. In July, the Second Circuit Court overruled a prior district court judge’s dismissal of the deportation case against Mahdawi, giving new energy to the government’s efforts.
Mahdawi has committed no crime; the government has not even bothered to accuse him of doing so. Instead, he simply gave voice to his belief in the necessity of freedom for his people.
Jews of all ideological stripes can and should agree that it is wrong to penalize someone for the expression of their political views. They don’t need to go far back in time to recall that such tactics have often been used against Jews themselves — in the Soviet Union to suppress refuseniks who sought to manifest their identity as Jews; in the U.S. during the McCarthy era; and, most ominously, during the dark age of Nazi totalitarianism.
In drafting an open letter defending Mahdawi, focused on the attack on his political rights, I hoped that a diverse range of Jews would be willing to acknowledge that whether they agree or disagree with Mahdawi, the government’s targeting of him represents a threat to all of us.
I know Mahdawi personally. We met at a peace-building retreat in the summer of 2024. He was an enormously compelling presence who drew people together through his preternatural calmness and clarity of purpose.
Since then, I have come to see him as a unifier, not a divider. He’s an advocate of peace, not war. And he has the potential to become a leader of enormous charisma and potential.
So why has the Trump administration devoted so much attention to persecuting a Palestinian student who has repeatedly called out antisemitism, including at a Palestinian solidarity rally at Columbia?
The sad reality is that Mahdawi, like his fellow Columbia student Mahmoud Khalil, is being persecuted for the crime of being Palestinian.
The U.S. State Department came up with the logic-defying claim, in March 2025, that Mahdawi’s activities at Columbia “would have a potentially serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest.” If this administration truly wishes to advance its foreign policy interests, then it should focus on reconstructing Gaza and building a framework for peace between Israelis and Palestinians, not targeting a devoted adept of non-violence like Mahdawi.
Many who signed the letter in support of Mahdawi joined in for the simple reason that they believe it is un-American to discriminate against people on the basis of their political views. Some who added their names felt, as I did , that there was another compelling reason to sign on: that Mahdawi’s activism gives the lie to the prevalent myth that to be pro-Palestine is to be antisemitic. This proposition gets buried in the raging discourse around antisemitism and Israel today.
It is essential to recognize that support for the cause of Palestinian freedom and self-determination is not the political or moral equivalent of antisemitism. It is a precondition to a world in which Israeli Jews and Palestinians live peaceably together. And it is a cause that Jews, by virtue of their own historical experience of exile, should be eminently capable of both understanding and supporting.
Mohsen Mahdawi perfectly exemplifies the position. He is fierce in his advocacy for Palestinian rights. And he is fierce in his opposition to all forms of identity-based discrimination, including and especially, antisemitism. He deserves better from the U.S., and we Jews must vigorously oppose the profound miscarriage of justice being directed against him.
David N. Myers teaches Jewish history at UCLA.
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Lawmakers seek 100-foot buffer zone around houses of worship to protect prayer goers from protests
(JTA) — A bipartisan group of lawmakers introduced a federal legislation Thursday in the House and Senate aimed at protecting houses of worship from disruptive demonstrations, following a series of protests outside of synagogues this year.
The Right to Worship Act was introduced by Sens. Ted Cruz, a Texas Republican, and Elissa Slotkin, a Michigan Democrat, alongside Reps. Brad Knott, a North Carolina Republican, and Tom Suozzi, a New York Democrat. It would establish a 100-foot “buffer zone” around houses of worship during religious services — mirroring similar legislation recently enacted in New York.
“The First Amendment guarantees every American the right to freely exercise their faith, and Congress has a duty to ensure that guarantee is met,” Cruz said in a statement Thursday.
The legislation would also establish civil penalties for offenders and provide pathways for individuals, including state attorneys, to seek court orders and damages in federal court. While the legislation would target protesters who knowingly disrupt scheduled religious services, houses of worship would not be required to make their schedules public.
The bill’s sponsors say the measure is aimed at conduct rather than the content of protesters’ speech.
“No one should have to push through a hostile crowd or shout over a bullhorn in an attempt to pray,” said Jonathan Greenblatt, the CEO and national director of the Anti-Defamation League, which helped lawmakers draft the legislation.
It’s the latest attempt at passing federal legislation aimed at insulating houses of worship from protest, following Suozzi’s “SACRED Act” legislation, a similar bill he introduced in April but which has not progressed in the House.
Those efforts have now been joined by Slotkin, who is Jewish, and Cruz, who has often taken aim at antisemitism within the Republican coalition over the past year.
“Exercising your right to worship should not require you to exhibit particular courage as you enter your synagogue, church, mosque, temple, mandir, or gurdwara,” Suozzi said in a statement.
The New York City Council passed a local buffer zone bill in March following a series of pro-Palestinian protests outside of synagogues that hosted Israeli real estate expos. While Jewish groups and leaders heavily advocated for the measure, it also faced opposition from civil rights leaders who said it would have a chilling effect on First Amendment protections.
This article originally appeared on JTA.org.
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