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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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Years after a boycott fight, Ben & Jerry’s Israel debuts a flavor celebrating Israeli resilience
(JTA) — Ben & Jerry’s Israel operation has come up with a flavor that does not leave much to interpretation. Called “Milk and Honey,” a nod to the biblical description of the Land of Israel, its namesake ingredients are supplied by Israeli cows and bees and its chocolate fudge pieces come shaped like Stars of David.
The company, which split from its American counterpart after a contentious 2021 boycott fight, is billing the new pint as its “most Israeli flavor ever” and, on its website, as a “symbol of hope, rehabilitation, and positive action” after the Hamas-led Oct. 7 attack.
Its ingredients and production come from southern Israeli communities most affected by the massacre and the war that followed. The company, based in the southern city of Kiryat Malachi, said it “felt a responsibility to take an active part in the region’s recovery process.”
The milk and cream come from the dairy in Kibbutz Alumim, one of the Gaza-border communities infiltrated by Hamas terrorists on Oct. 7, 2023. The honey comes from the beehives of Kibbutz Yad Mordechai. The chocolate Stars of David are made by hand at the Korint factory in Beersheba, part of the Shkulo Tov social enterprise, which helps integrate people with disabilities into the workforce.
Even the wrapper is local: the pint is adorned with “Fields of Light,” a painting by Rivi Doron-Gerloy, a southern Israeli artist who was killed in a Miami car accident last year.
The flavor was developed in partnership with the Ayalim Association, a nonprofit that works to strengthen Israel’s periphery. The company said royalties from sales of the new flavor will go to Ayalim’s rehabilitation and educational initiatives in the south.
The Israeli and American Ben & Jerry’s operations are now completely separate, a split that followed one of the more improbable diplomatic dramas ever to involve ice cream. In 2021, Ben & Jerry’s said it would stop selling in Israeli settlements in the West Bank, saying sales there were “inconsistent” with its values.
The move set off an uproar in Israel. President Isaac Herzog called the boycott a “new kind of terrorism,” while Benjamin Netanyahu, then opposition leader, retweeted the company’s announcement that it would stop selling in the “Occupied Palestinian Territories,” writing, “Now we Israelis know which ice cream NOT to buy,” alongside Israeli flag and flexed-bicep emojis.
The original founders, Ben Cohen and Jerry Greenfield, who no longer control the company but remain its best-known faces, also came under fire after the decision. In an interview, they were asked why the boycott logic did not extend to places such as Georgia and Texas, despite their opposition to those states’ voting rights and abortion laws.
“Why do you still sell ice cream in Georgia? Texas?” Axios reporter Alexi McCammond asked in a video that went viral on pro-Israel platforms.
Clearly stumped, Cohen shrugged his shoulders. “I don’t know,” he said, laughing. “You ask a really good question and I think I’d have to sit down and think about it for a bit.”
Unilever’s then-chief executive, Alan Jope, also appeared to suggest that Israel had become an inconveniently sticky scoop of activism. “There is plenty for Ben & Jerry’s to get their teeth into in their social justice mission without straying into geopolitics,” he reportedly said in a quarterly earnings review at the time.
The standoff ended, at least commercially, when Unilever, Ben & Jerry’s parent company, sold the Israeli business in 2022 to Avi Zinger, the longtime Israeli licensee and owner of American Quality Products. The sale was accompanied by a legal fight that was inflamed when Zinger told an Israeli news outlet that, once he took control of the company in Israel, he could rename the signature flavor “Chunky Monkey” to “Judea and Samaria,” the Hebrew term for the West Bank.
Under the ultimate deal, Ben & Jerry’s could continue to be sold throughout Israel and in Israeli settlements, under Hebrew and Arabic branding, while the Vermont-based company said it disagreed with the move and would no longer profit from Israeli sales.
The split left the Israeli operation in an unusual position: carrying one of the most recognizable American ice cream names, while openly defying the political stance associated with that name abroad.
But the corporate restructuring has not been enough to cleanse the palate for everyone. On social media, the new flavor drew curiosity and praise, but also lingering resentment from those who said the brand name still carried too much baggage, even under Israeli ownership.
“I really don’t care if it’s owned by someone other than Ben and Jerry in Israel. Those two clowns’ names are still associated with the brand. I wouldn’t spend a penny for this ice cream regardless. That brand is done,” one person wrote on Instagram.
“We’ve been eating Häagen-Dazs since October 7th,” another said.
Last year, Cohen announced that he planned to produce a “flavor for Palestine” independently after Unilever blocked Ben & Jerry’s from creating one, soliciting suggestions about what should accompany watermelon, a symbol of Palestinian solidarity, in his concoction.
“Milk and Honey” has come to market faster. So does the new flavor deliver a taste of the Holy Land?
One food influencer, who called the new flavor a “statement,” offered a less scriptural verdict on the taste, shrugging that it “tastes like vanilla with chocolate chips” — a conclusion echoed by others in Israeli food aficionado groups, who lamented that the honey was barely noticeable.
One commented, referring to dairy-free desserts made to comply with kosher laws prohibiting the mixing of milk and meat: “Not the tastiest thing I’ve ever eaten, but not as bad as a pareve dessert either.”
This article originally appeared on JTA.org.
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Mamdani calls AIPAC ‘monsters’ in rally ahead of NY primaries
(JTA) — New York City Mayor Zohran Mamdani on Thursday night accused the American Israel Public Affairs Committee of spending “millions in dark money” to ensure pro-Israel candidates win seats in tthe November midterms.
Mamdani made his remarks at a rally headlined by Sen. Bernie Sanders (I-VT) at Kings Theater in Brooklyn ahead of Tuesday’s Democratic primaries for progressive congressional candidates. He called on the crowd to help elect Jewish former New York City Comptroller Brad Lander, State Assembly member Claire Valdez and former Columbia encampment organizer Darializa Avila Chevalier.
In a fiery 30-minute speech, Mamdani took aim not just at AIPAC but also Israeli Prime Minister Benjamin Netanyahu and his handling of the war in Gaza. He claimed that “The monsters that we are up against, they take many different forms,” and then singled out AIPAC.
He described the major pro-Israel lobby as an organization “for whom the only thing more frightening than democracy being allowed to run its course is an end to genocide and Netanyahu’s wars.”
Mamdani continued by alleging that AIPAC moves “millions in dark money to accomplish a single goal, to preserve their power so that they can turn us against one another instead of our leaders turning towards the moral change we all know to be necessary.”
AIPAC did not respond to a request for comment about Mamdani’s remarks.
The lobby, whose endorsement was once heavily sought by politicians on both sides of the aisle, has increasingly come under fire for its campaign tactics. Pro-Israel Democrats are particularly struggling to hold onto seats as voters on the left increasingly turn against the Jewish state.
Sanders, for his part, doubled down on criticism of AIPAC when he took the stage. “The American people understand that a large part of our horrific foreign policy is impacted by AIPAC funding,” he said.
Turning to the local races, Mamdani voiced support for Valdez for her opposition to Israel. “When other Democrats chose to look the other way as Netanyahu committed war crimes, Claire didn’t just name the genocide,” he said. “She organized for a ceasefire.”
In a change of tone, Mamdani emphasized unity, including an appeal to Jewish voters.
“Whether you worship at shul, at a mosque, in a church, a gurdwara, a temple, or you don’t worship at all, we share a belief that our city deserves leaders who lead with hope and not fear,” the mayor said.
He added, “No matter where we live, how old we are, what train we take in the morning, or what bagel we order, we are New Yorkers and we want the same things,” including “a city that belongs to all of us.”
Reaction on social media was swift. One self-described mom from New York City posted on X of the rally and the Democratic Socialists of America there: “It’s pretty transparent and vile how Zohran Mamdani and the DSA are using ‘AIPAC’ as a euphemism for Jews, and how Brad Lander is going right along with it.”
Jewish writer Dovi Safier also criticized the comments, writing, “The mayor of the city with the world’s largest Jewish population is pushing conspiracy theories about ‘money men’ who ‘move millions in dark money’ to ‘turn us against one another’ — and calling them ‘monsters.’ Subtle.”
This article originally appeared on JTA.org.
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Jewish groups push back against Trump’s Iran deal — but more quietly so far than in 2015
(JTA) — A growing number of Jewish groups are pushing back against the new memorandum of understanding brokered between President Donald Trump and Iran.
At least for now, however, their responses are more muted than when the same groups publicly opposed former President Barack Obama’s own Iran deal in 2015. And at least one major Jewish group that opposed Obama’s deal is backing Trump’s framework.
“Trust President Trump,” the Republican Jewish Coalition told its followers Thursday, becoming the most notable Jewish group to support Trump’s memorandum of understanding.
“President Trump has earned the trust of the Jewish community as he and his team work towards a final agreement,” RJC CEO Matt Brooks and chair Norm Coleman said in a statement. They praised the MOU, saying it “envisions a horizon of economic stability for the United States, the region, and the world,” and that it “provides an opportunity for potential new pathways to greater peace.”
The RJC cautioned that “a final deal must avoid the flaws that doomed Obama’s,” specifying that there should be “no sunset clauses” on Iran’s nuclear program and other proposals. In the days before its own statement, the group had been reposting praise of the MOU from other Trump allies, including Sen. Lindsey Graham.
Meanwhile, the American Jewish Committee and the pro-Israel lobbying giant AIPAC took a different tack. They became the largest Jewish organizations to voice concern with the new Iran deal on Thursday, issuing public objections following requests for comment from the Jewish Telegraphic Agency.
The MOU “raises significant questions,” AIPAC said in a lengthy statement that urged Congress to intervene ahead of “a final nuclear agreement,” claiming that the terms of the MOU don’t match “President Trump’s stated objectives for the war.”
The AJC outlined what it said were seven “concerns” it had with the MOU. Like most of the other Jewish groups that responded to JTA for this story, the AJC also expressed hope that the terms of the deal could be changed to be stricter on Iran and more favorable to Israel before it is finalized. (In 2015, in response to Obama’s Joint Comprehensive Plan of Action, the AJC said it “overwhelmingly” would “oppose this deal.”)
Trump’s MOU is not a final agreement, unlike Obama’s JCPOA. Rather, it marks the start of a 60-day negotiating period that aims to end the Iran war about to enter its fourth month. It does not yet outline any clear commitments regarding Iran’s nuclear program, which had been at the heart of the JCPOA and which is of particular concern to Jewish groups, who are roundly opposed to Iran obtaining a nuclear weapon in large part because of the risk to Israel. Many had objected to Obama’s deal in part because of its “sunset clauses” that would have phased out nuclear restrictions starting at the 10-year mark.
Regardless, many analysts across the political spectrum are concluding that Trump’s framework is a worse deal than Obama’s, in part because it provides a pathway for Iran to stage an economic recovery.
The Israeli government, which sent Prime Minister Benjamin Netanyahu to personally lobby Congress in 2015 to oppose Obama’s deal, is also strongly opposed to Trump’s — in part because it would require Israel to withdraw from fighting Hezbollah in southern Lebanon. A new poll by Israel’s Channel 12 found that 71% of Israelis don’t trust Trump to look out for their country’s interests in negotiations with Iran.
Hawkish pro-Israel think tanks, including the Foundation for Defense of Democracies and the Jewish Institute for National Security of America, issued papers knocking Trump’s deal.
“In some ways, the MOU is even weaker than President Barack Obama’s,” JINSA said. “This new deal authorizes the transfer of far more money and lifts many more sanctions on Iran than the JCPOA ever did.”
Trump and his top surrogates, including Vice President JD Vance, are increasingly signaling a lack of patience with Israel and a willingness to prioritize ending the war over stopping Iran’s nuclear program.
Some groups are waiting before weighing in. Nathan Diament, head of the Orthodox Union, declared Obama’s deal “not kosher” in 2015. On Thursday, he told JTA that the question of how to respond to Trump’s deal “will be a central topic of discussion” at the group’s leadership advocacy mission in Washington, D.C., taking place early next week. O.U. representatives are scheduled to meet with members of the Trump administration, as well as members of Congress.
JTA reached out Thursday to a wide range of Jewish groups that publicly opposed Obama’s Iran deal in 2015 to ask them their views on Trump’s. Many others, including the Anti-Defamation League and the Conservative movement’s Rabbinical Assembly, did not respond by press time.
Of those who did, only Morton Klein, head of the right-wing Zionist Organization of America, castigated the MOU outright. Klein told JTA he was “extremely upset with this deal” — and with Trump.
“I find this deal just astonishing,” Klein said. “Helping out a country that Trump himself said, if they’d gotten nukes, they’d have used them on Israel and killed millions of Jews? So that mentality, now you’re helping them rebuild?”
He added, “Trump has done many wonderful things for Israel, so we’ve praised Trump for that. But now he’s doing something very bad for Israel and America.”
Such level of forceful public opposition to the deal, though, is rare in Jewish circles at present — especially in contrast with the extent of Jewish mobilization against Obama’s deal in 2015.
Back then, in addition to the usual Jewish advocacy groups, dozens of local Jewish federations across the country pushed their communities and representatives to fight it, in a sweeping and sustained show of opposition.
“This Iran deal threatens the mission of our Federation as we exist to assure the continuity of the Jewish people, support a secure State of Israel, care for Jews in need here and abroad and mobilize on issues of concern,” one typical statement, from the Jewish Federation of Greater Los Angeles, read at the time.
Three years later, during Trump’s first term, he tore up the JCPOA, calling it “a horrible one-sided deal that should have never, ever been made.”
The lack of similar opposition today for Trump’s deal, Klein said, was glaring: “Nobody is taking issue with this agreement in the Jewish world.”
Among local Jewish groups, the initial reaction to Trump’s MOU has struck a measured tone. The Jewish Community Relations Council of Greater Washington, one of dozens of local Jewish communal groups that publicly opposed the 2015 JCPOA, told JTA it was “concerned” that Trump’s deal “has granted Iran a new leverage point to use in the future to inflict pain on the world’s economy.”
Ron Halber, the JCRC’s head, blasted the MOU for being crafted without Israel’s input, and for requiring Israel to withdraw from its offensive against Hezbollah in Lebanon. Similar to AIPAC, Halber said his organization would continue to push for “a final U.S.-Iran agreement” that is more favorable to Israel and takes harsher measures against Iran.
In its statement, the Jewish Federation of Greater Philadelphia, which also opposed the JCPOA, did not directly weigh in on the new MOU. Instead, the federation said, “Any agreement involving the Iranian regime should be judged by its ability to prevent a nuclear-armed Iran,” among other factors.
JTA reached out to six other major Jewish federations that opposed the 2015 JCPOA, including Combined Jewish Philanthropies of Greater Boston, which was the first federation to oppose that deal and whose leader wrote, in 2021, “We were right.”
CJP of Boston did not respond to a request for comment. The Jewish United Fund of Chicago declined to comment, while several other federations that opposed the JCPOA — including Los Angeles, Miami, Phoenix and Detroit — did not respond by press time.
In its own statement opposing the MOU, AIPAC did not outline an advocacy plan to combat it, in contrast to its full-court press against the JCPOA. An AIPAC spokesperson did not return a JTA request for comment on whether, or how, it planned to advocate against Trump’s MOU.
This article originally appeared on JTA.org.
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