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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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In the Michigan Senate race, Jews should (and will) vote for democracy
Michigan Jews are feeling the ground shifting beneath us. For the first time, the Democratic candidate to represent Michigan in the United States Senate is not an advocate of unconditional support for Israel’s government. And he is one of a growing number of progressive leaders pushing the Democratic establishment to fight for the values it claims to stand on.
Many in our communities hoped for a different outcome in yesterday’s primary and feel destabilized by the shifting political terrain. Others feel hopeful, for the first time, of being represented on the electoral stage. Moving into the general election, when the stakes are so high, I would like to refocus the conversation on our shared values.
When I cast my ballot Tuesday, and when I cast it again in November, I do so with the wisdom of Pirkei Avot 1:18 in mind: on three things does the world stand — on justice, on truth, and on peace, as it is said: “execute the judgment of truth and peace in your gates” (Zechariah 8:16). Rabban Shimon ben Gamaliel and others of his generation were building communities out of the rubble of the Temple’s destruction. They asked themselves, as they rebuilt: what are our core principles? What values need to sit at the center of this new order? Out of the wreckage, what new world will we create?
Let those three pillars be our voting guide.
Din — Judgment. Who will fight for fairness? Who is beholden to corporate interests and who will stand for economic equality? A candidate’s record on wages, on housing, on the right to organize — these will show commitment to justice.
Emet — Truth. Who tells us the truth, even when it costs them? In the words of former Rep. Andy Levin, we are looking for “authenticity, bravery, and truth-telling.” Who can help to rebuild trust in our public servants and institutions?
Shalom — Peace. Which candidate will challenge the military-industrial complex? Who will work to reduce war and violence in our world, rather than fund more of it? At home and abroad.
In this election, we have an unusually clear lens for understanding a candidate’s values: immigration enforcement. Immigration and Customs Enforcement — ICE — is where our society’s authoritarian drift is most visible and most violent. So as we lean on the pillar of Shalom to consider candidates, we can ask a direct question: is this someone who will bakesh shalom v’radfehu — seek peace and pursue it — for the people in ICE’s crosshairs? Or will they support the expansion of a paramilitary force into our schools and neighborhoods?
Justice, Truth and Peace — these are the values upon which “the world stands.” But what does it mean for the world to stand? A classic rabbinic commentary interprets this as the preservation of human society. Which candidate will protect the environment, will put people over profit, will choose the survival of our communities over the balance sheet of the insurance, arms and oil industries? By this measure, the idea that Jews who want unconditional aid for Israel should therefore vote for a candidate who would strip away abortion rights, gut health care, and undermine the basic machinery of democracy is, to use a technical term, cuckoo banana-cakes.
And then there is the issue of antisemitism. My teacher Rabbi Mordechai Liebling explains that on the left, antisemitism is a bug and not a feature — a problem that can be and must be addressed. On the right, antisemitism is a foundational worldview. The real threat to American Jews is the far right. It’s they who promulgate conspiracy theories and it’s they who deploy ICE into our communities to kidnap our neighbors.
I personally think that Dr. El-Sayed is not antisemitic — certainly not any more than the general population. But I don’t need to convince you of that. What I hope you’ll hear is that Abdul is someone with whom we share core values — that he is someone the Jewish community can work with. What I hope you’ll hear is that a liberal-fascist coalition is out of the question, and that a liberal-left coalition is the only path forward. In November, we will elect a politician who will work with the people and not against us. Our loyalty is not to any party, but to the movement for a true democracy — and to the leaders who will work with us to advance it.
The ground doesn’t have to shift beneath us; we can be a part of moving that ground, of redrawing the politics of the possible. May Zechariah’s vision of justice, truth and peace come to pass, speedily and in our days, and may we merit to help make it so.
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On El-Sayed, Michigan’s Jewish Democrats aren’t all ready to unite behind nominee
Following Abdul El-Sayed’s narrow win of the Democratic nomination for Michigan’s open Senate seat, the state’s Jewish Democrats are reflecting on whether the divisions El-Sayed’s candidacy brought to the fore can be bridged before November.
Jewish voters make up just 1.4% of the electorate in Michigan. But the community had become deeply invested in the race, with Jews both in fierce opposition and fiery support of El-Sayed in an election that had become a proxy fight over the Gaza war and the U.S.-Israel relationship.
Jewish former Michigan congressman Andy Levin, who had endorsed El-Sayed, believes Democrats will get behind the nominee in the interest of defeating Republican Mike Rogers — a race that could determine which party controls the Senate. Pre-primary polls found Rogers leading El-Sayed by single digits.
“Shame on any Jewish Democrat if they’re going to go vote for Mike Rogers and put our democracy at risk because they can’t find their way to supporting Abdul El-Sayed, who is such a brilliant person, just because he doesn’t share their exact beliefs on Israel and Palestine,” Levin told the Forward. “That’s ridiculous.”
Levin lost his Senate seat to Rep. Haley Stevens after heavy spending against him by AIPAC, the campaign fundraising group advocating for unrestricted U.S. aid to Israel. An AIPAC-associated super PAC spent some $32 million in a failed attempt to get Stevens the Senate nomination.
Stevens endorsed El-Sayed for the general election Wednesday morning. But some Jews who voted for Stevens see no possibility for reconciliation. Rabbi Asher Lopatin of the modern Orthodox synagogue Kehillat Etz Chayim in suburban Detroit had endorsed Stevens in the primary, alarmed by El-Sayed’s association with the controversial Twitch streamer Hasan Piker and condemnation of Israel as a genocidal and apartheid state.
In a TV interview Wednesday, El-Sayed used the term “bloodthirsty” to describe Israel.
“To have so many people vote for someone who is so hurtful to the Jewish community, the things that the Jewish community values — I think it’s depressing,” Lopatin told the Forward.
Lopatin has made up his mind that he will not vote for El-Sayed in the general election, but he also isn’t yet sold on Rogers, the Republican nominee.
“I have to study him more,” Lopatin said. “But I will not vote for Abdul El-Sayed, definitely, and I would tell people they should not.”
Lopatin said he wishes Stevens would condemn El-Sayed rather than endorse him.
Still, others see El-Sayed as the best candidate to face Rogers in the general — and don’t want him to pull back on the issues that won him the nomination. Barbara Weinberg Barefield, a photographer outside Detroit who helped organize the group Jews for Abdul, said she has confidence El-Sayed will win the general — attributing the close primary race partly to the influence of outside money supporting Stevens.
“He was able to win this election in the face of close to $70 million of outside funding going to bolster his opponent,” Weinberg Barefield said. “This election is showing us, and elections around the country are showing us, that elections are not to be bought — they’re to be earned.”
Roslyn Schindler, a retired professor who taught Holocaust studies at Wayne State University, was also among El-Sayed’s Jewish supporters, even as she disagreed with him on his lack of support for a two-state solution. She stressed the importance of beating Rogers in November irrespective of disagreements on Israel.
“My motto is and will be: vote blue, no matter who,” Schindler told the Forward. “I am hoping that all Democrats realize that to do otherwise will be self-destructive and just plain wrong.”
Others are taking a wait-and-see approach. Decky Alexander, chair of the Michigan Democratic Jewish Caucus — which endorsed Stevens in the primary — isn’t issuing an endorsement in the general election yet.
She said the close margin El-Sayed won by, about 15,000 votes, gives her hope that El-Sayed will see the need to unify his party. A start, she said, would be focusing less on AIPAC during his general election campaign.
“There’s a lot of opportunity on Abdul’s side to be a better bridge maker versus kind of a bridge burner,” Alexander told the Forward. “The cards are his. It’s his responsibility to initiate.”
In his election night speech, El-Sayed didn’t mention AIPAC by name, instead speaking more generally about getting money out of politics.
On Wednesday, he addressed Jewish Michiganders directly: “I want you to know that my commitment to your safety, my commitment to Jewish safety, is the same commitment that I have to the safety of my own daughters.”
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‘The Yiddish Teacher’ (Poem)
One thing about the late Forverts staff writer and critic Miriam Hoffman — she cooked a heavenly eggplant in tomato sauce.
And why do I know this about one of our writers? Hoffman, a veritable lexicon-caldron of Yiddish sayings and terms she’d archived from her own mother’s distinct poylish dialect, was many things: A distinguished long-term professor of Yiddish at Columbia University; a theater critic turned playwright who turned the New York Public Theatre’s founding director Joseph Papp into a serious supporter of Yiddish culture; a child survivor of Siberian exile, and so much more.
As she encountered immigrant American life in da Bronx, the tiny dynamo that was Hoffman delighted in becoming American, freely advising everyone on the best consumer goods this country had to offer. A country that was a home and refuge to her, her parents, her husband and so many in her vast circle of Yiddishist friends, students, fellow writers, educators and chosen family. And then, once upon a time, she welcomed me into her Florida home for an overnight stay, so that I could record her jaw-dropping tales of how she and her beloved mameloshn Yiddish both survived the khurbn, the Holocaust. And talk into the video camera she did.
But first, there was lunch.
Rest in all your ferocious deliciousness, Miriam Hoffman, and thank you. For the eggplant, the advice on the best toothpaste, the stories — and for doing everything, everything, everything possible, to transmit your Yiddish to another generation.
The Yiddish Teacher
The Yiddish teacher bending saying:
In my book you’ll learn
the alefbeys through pictograms like so:
The gimel is a camel
The beys a house
You see?
The Yiddish teacher has an archive
in her bedroom closet
The folding doors open revealing:
shoeboxes filled with
stories and
poems and
songs she
wrote as a child
in the displaced persons camp
on paper donated to Jewish refugees
The Yiddish teacher was once
seated in back
of a transport truck
with all the other refugees
Trying to go over the Swiss Alps
to Mandate Palestine
The Yiddish teacher was born
in a Siberian prison camp
“people were starving, sure,
but there was sex”
The Yiddish teacher was the only
woman writer on staff
at the Forverts Yiddish newspaper
The Yiddish teacher remembers
the first time her family ate
Chef-Boy-Ar-Dee spaghetti and
meatballs
from a can
in the Bronx
We go shopping together
The Yiddish teacher loves Rao’s tomato sauce
“it’s the best”
The Yiddish teacher recommends
“Mavis Toothpaste”
It’s the best
The Yiddish teacher loves to
go fly fishing
The Yiddish teacher is short and slim
and round
I think
if I cup my hands together
I can
carry her around always
— Chana Pollack
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