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.
Uncategorized
US-Israel attack on Iran aims to topple regime
The United States and Israel launched a major attack on Iran early Saturday, with U.S. President Donald Trump declaring his intent to overthrow the regime of Iranian Supreme Leader Ali Khameini.
In a video statement released by Trump, he address the Iranian people directly. “Bombs will be dropping everywhere,” he said. “When we are finished, take over your government. It will be yours to take. This will be probably your only chance for generations.”
In Israel, Prime Minister Benjamin Netanyahu echoed Trump, describing Iran as an “existential threat,” and encouraged the Iranian people “to seize their fate” and overthrow the regime.
In the hours since the attack, explosions have been reported across Tehran and multiple military facilities. State news is also reporting an Israeli strike on a girl’s school has killed more than 50 people, with eyewitness footage showing the school partially destroyed and smoldering.
Israel remains on high alert, with residents who have access to shelters bracing for potential attacks.
Elsewhere in the region, Iranian attacks have been reported in Jordan, Iraq, the United Arab Emirates, Saudi Arabia, Bahrain and Qatar. Footage circulating on social media appears to show successful Iranian strikes near the center of Abu Dhabi in the UAE, as well as a US naval base in Manama, Bahrain.
Conflicting reports are emerging regarding high-profile Iranian leaders, with one unnamed Israeli official telling N12 News, “We’ll fall off our chair if Khamenei makes a statement live. According to the assessment, he is ‘no longer with us,’ but we are waiting for final confirmation.” Separately, three sources have told Reuters that Iranian Defense Minister Amir Nasirzadeh was killed in a strike. Neither report has been confirmed at the time of writing.
The post US-Israel attack on Iran aims to topple regime appeared first on The Forward.
Uncategorized
Israel and US go for regime change in Iran, with leaders few trust
TEL AVIV, Israel — We were woken just after 8 a.m. by a siren, followed within minutes by the notification that there were in fact no incoming missiles. It appeared the government had decided to use the alert system as a kind of national alarm clock, to let the country know that the war had begun. For the second time in nine months, Israel had attacked Iran. This time it was in coordination with the United States.
Within the hour we had already been sent to the shelter by an actual missile alert. By midday, we would make that trip five times. The country, as far as one can tell from the stairwells and the WhatsApp groups, is stoic. Irritated, tired, but stoic. This is absurd, people say, but they lace up their shoes and head downstairs anyway. Or to the reinforced safe rooms that the lucky few have.
The arguments for this round of conflict are not, on the surface, overwhelming. After the 12-day war in June, Prime Minister Benjamin Netanyahu declared that Iran’s nuclear and ballistic missile programs had been set back for many years, that the major threat to Israel’s existence had been removed. President Donald Trump, after American B-2 bombers joined on the final day, spoke repeatedly of the nuclear threat being “obliterated” at Fordo, Natanz and Isfahan. He bristled at intelligence assessments suggesting otherwise.
There has been little public evidence that Iran rebuilt that threat in the interim. Netanyahu said around midday Saturday in a recorded radio address that Iran’s new capabilities were being placed underground. Trump, meanwhile, demanded that Iran forswear nuclear weapons; but Tehran has long said it does not seek them, even as it enriched uranium to levels with no civilian justification. No one believes them. But they have been saying it.
In the shelter, I had time to contemplate all this with the same cast of neighbors I got to know rather well in June.
The divorced lawyer and her boyfriend. The mathematics divorcee with her enormous dog, which takes up the space of two folding chairs. The sweet elderly couple who sit holding hands, as if the room were a train platform and they might be separated. The religious French family from upstairs preparing to celebrate a son’s 18th birthday; the mother, improbably, in her finest dress at 9 in the morning. Everyone bleary-eyed. Everyone attempting humor. Some trepidation, but not much.
At one point a commotion erupted. Someone had noticed that a shop in the building had installed an air-conditioning unit in such a way that it partially blocked the emergency exit from the underground shelter. The prospect of being herded underground because of missiles while potentially trapped was not exactly welcome. My wife calmly announced she would deal with the management company first thing Sunday morning. I know her. She will.
It is in rooms like that that the big questions feel both distant and unavoidable. Why now? If the programs were truly crippled in June, what has changed? One possible answer lies not in centrifuges but in politics.
Trump had boxed himself in last month when he told Iranian protesters that “help is on its way.” Thousands, perhaps tens of thousands, took him at his word and were killed by the regime’s goons. Trump took heat for having encouraged them and then done nothing. He looked ridiculous, and — to paraphrase The Godfather — a man in his position cannot afford to look ridiculous.
In the interim, the U.S. steadily built up an armada in the region. Ships and planes accumulated in a way that was slow, but deliberate and ultimately overwhelming. It began to look like the kind of force that was not likely to go unused.
The more reasonable argument for assuming the risks of war — casualties, disruption in the oil markets, escalation and so on — is regime change. That idea has a grim history. It rarely works as intended. It is unpredictable, destabilizing, morally fraught. The record in the Middle East is not encouraging. The legal right to do it is debatable at best.
But there are exceptions, and the Islamic Republic, in its 47 years, has made a compelling case for being one.
Its internal repression is ferocious. Protesters are shot or imprisoned in numbers that make gradual reform a fantasy. Short of a palace coup, the Iranian people have little chance of dislodging their rulers on their own.
Moreover, Iran has destabilized the region for decades through proxy militias trying to spread jihadism: Hezbollah in Lebanon, the Houthis in Yemen, Shiite militias in Iraq, Palestinian Islamic Jihad and Hamas. Hezbollah helped prop up Bashar al-Assad’s regime in Syria. Hamas’s Oct. 7 attack ignited a war that left tens of thousands dead in Gaza and over a thousand murdered in Israel. Not every evil in the region can be laid at Iran’s door, but a significant share can, and much of it has victimized fellow Muslims.
There is a wide consensus in Israel that the Iranian regime is a menace. Many Israelis believe that if it fell, it would be good for Israel and good for the Iranian people. They harbor a romantic notion that a democratic Iran would become a partner, even an ally, and that ordinary Iranians would thank Israel for helping to bring about that outcome. Whether that is naive is another matter, but the distinction between regime and people is real in the Israeli mind.
And in what was perhaps the only surprise of the day — for the attack itself was widely telegraphed — Trump set regime change as the true aim of the operation in his comments announcing the strikes. In his characteristic rambling, self-congratulatory style, he urged Iranians to take over their government — and catalogued the crimes of the regime, going all the way back to the 1979-80 hostage crisis at the U.S. embassy in Tehran.
This from a man whose National Security Strategy, released in December, downplayed democracy promotion, and who has shown little affection for liberal norms at home or abroad. Many assumed he wanted only some agreement he could spin as a win — yet he instead seems intent on transforming Iran.
Might regime change actually work? Without a ground invasion — which is neither contemplated nor remotely plausible — the odds seem low. Authoritarian systems are designed precisely to absorb shocks. Enough of the regime would have to be symbolically and practically shattered — key figures eliminated, command centers wrecked, the aura of invulnerability broken — that mass protests resume at a scale the authorities cannot contain.
The calculation appears to be that sustained external pressure, combined with visible regime weakness, could tip internal dynamics. A military already stretched by external attack might find itself unable, or unwilling, to suppress millions in the streets. What follows would not be a popular revolution in the romantic sense but something closer to a palace coup: factions within the system deciding survival requires abandoning the clerical leadership.
Trump’s rhetoric suggested precisely this. His call for the Revolutionary Guard to stand down, coupled with promises of amnesty, is an attempt to split the regime from within, to persuade those with guns that their future lies in defecting rather than fighting. It could work — because that is how hated the regime actually is.
It would have been better for any such action to have gotten the green light from the United Nations Security Council. But — even beyond Trump’s disrespect for the organization — that body is paralyzed by the veto power of Russia, Iran’s sometimes ally.
Moreover, all of this would be easier to deal with if the leaderships in Israel and the U.S. were trusted at anywhere near a normal level. But we are dealing with Trump and Netanyahu.
Trump, it need hardly even be said, has made dishonesty a kind of performance art. He is the most determined dissembler to ever hold the American presidency, as far as I can tell. It has become something of a joke, in America and across the world. In a moment like this, it is not a joke. So in a crisis that could reshape the region, there is no reliable way to know if his claims are true.
Something even worse can be said of Netanyahu, who is on trial for bribery and trailing badly in the polls ahead of elections that must be held by October and could come sooner. It is axiomatic for many Israelis that he would do anything to cling to power, including starting another war.
So these two men, each viewed by large portions of their publics as self-interested and manipulative, now preside over a conflict that could be ruinous.
And yet there is another astonishing layer. Trump, who has damaged the standing of the U.S., abandoned Ukraine, expressed admiration for Russian President Vladimir Putin and rattled NATO with talk of seizing Greenland from Denmark, may be on the verge of a historic achievement. If the Iranian regime were to fall with American assistance, it would rank among the most consequential geopolitical events of the past half-century, perhaps second only to the collapse of Soviet communism. Oddly, I am old enough to have witnessed that as well, as a correspondent for the Associated Press.
Back in the shelter, there is a massive improvement relative to June: Wi-Fi has been installed, thanks to my tireless wife. The dog is still panting, the elderly couple still holds hands, the air-conditioning unit still blocks the exit, the French mother is now checking her phone between sirens.
It is possible to feel two contradictory things at once. This might be a reckless, perhaps even insane action launched by unworthy leaders. And it might, just possibly, change everything for the better.
The post Israel and US go for regime change in Iran, with leaders few trust appeared first on The Forward.
Uncategorized
US, Israel strike Iran: Trump, Netanyahu call for regime change in Tehran as Israelis take shelter
(JTA) — This is a developing story and will be updated.
The United States and Israel jointly launched what U.S. President Donald Trump called “a major military operation” in Iran on Saturday morning, ending weeks of speculation.
Iran immediately retaliated by launching missiles toward Israel and U.S. positions in the Middle East, sending Israelis across the country to bomb shelters for the first time since last June.
Both President Donald Trump and Prime Minister Benjamin Netanyahu indicated in video addresses that their goal was to topple the Islamic Republic regime that has been in place for nearly 50 years.
“Our joint operation will create the conditions for the brave Iranian people to take their fate into their own hands,” Netanyahu said.
“To the great, proud people of Iran, I say tonight that the hour of your freedom is at hand. Stay sheltered. Don’t leave your home. It’s very dangerous outside. Bombs will be dropping everywhere,” Trump said. “When we are finished, take over your government. It will be yours to take this will be probably your only chance for generations.”
Trump cited the Oct. 7, 2023, attack on Israel by Hamas as one in a series of attacks staged or supported by Iran over decades justifying the campaign, in which he warned U.S. service members could die.
One person was reported injured in a first wave of retaliatory attacks in Israel. Most missiles appeared to have been shot down, with the sounds of explosions resounding in parts of the country. A second wave was reported to be on its way several hours later.
Last year, nearly 30 people in Israel were killed by Iranian missiles during a 12-day war that included a U.S. strike on Iranian targets. Trump said again during his address that the attack had “obliterated the regime’s nuclear program” but said the country “rejected every opportunity to renounce their nuclear ambitions” since.
U.S. and Iranian negotiators most recently met on Thursday in Geneva. On Friday, U.S. Ambassador to Israel Mike Huckabee told embassy staff that they could leave Israel, urging them to do so “TODAY” if they chose to depart, signaling that the massive troop buildup in the Middle East could soon be deployed against Iran.
In Israel, Ben Gurion Airport has closed; hospitals relocated essential operations underground; and synagogues that had been hosting Shabbat services reconvened in parking decks. The country is set to celebrate Purim, a holiday celebrating the defeat of a Persian ruler who had tried to kill the Jews, starting Monday night.
The post US, Israel strike Iran: Trump, Netanyahu call for regime change in Tehran as Israelis take shelter appeared first on The Forward.