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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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Ukraine reburies Nazi collaborator with state honors, drawing Israeli condemnation
(JTA) — Israel criticized Ukraine Monday after President Volodymyr Zelensky gave full state honors to a Ukrainian nationalist leader who was part of a movement that collaborated with the Nazis during World War II.
During a reburial ceremony on Sunday, Zelensky described Andriy Melnyk and his wife, Sofia Fedak-Melnyk, as “iconic Ukrainians of the 20th century who are deeply respected,” according to The New York Times.
Melnyk led one of the factions of the Organization of Ukrainian Nationalists during its collaboration with Nazi Germany during World War II. Though the Ukrainian organization shared a mutual opposition to Soviet rule with the Nazis, it also promoted antisemitic rhetoric and some of its members participated in the persecution of Jews during the Holocaust. Melnyk initially sought cooperation with Nazi Germany but was later detained by the Nazis as relations with Ukrainian nationalist groups deteriorated.
The ceremony marked the latest flashpoint in a longstanding dispute over Ukraine’s commemoration of World War II-era nationalist figures linked to Nazi collaboration. In 2018, the country designated the birthday of Nazi collaborator Stepan Bandera as a holiday, and in 2017, a statue was unveiled honoring a nationalist leader whose regime killed tens of thousands of Jews in pogroms during the Russian Revolution.
The remains of Melnyk and his wife were exhumed from Luxembourg last week and then transported to Ukraine for reburial at Kyiv’s National Military Memorial, which opened last year for soldiers killed in Russia’s invasion of Ukraine.
“Glory to every Ukrainian hero! Glory to all our Ukrainian warriors! Glory to our people!,” Zelensky, who is Jewish, wrote in a post on X marking the ceremony, adding that he was “grateful to everyone who has worked to make such returns of great Ukrainian figures possible and to give the Ukrainian People their own pantheon of heroes.”
The reburial was quickly decried by Yad Vashem, Israel’s Holocaust memorial, which wrote in a post on X that it was “deeply troubled by such national commemorations, which come at the expense of historical truth and the memory of Holocaust victims.”
“Honoring the leader of a movement that supported and collaborated with Nazi Germany during the persecution and murder of millions of Jews undermines the moral integrity essential to Holocaust remembrance,” the post read.
Israel’s Foreign Ministry wrote on X that there is “no place for ignoring historical truth and the memory of the victims murdered by the Nazis and their collaborators.”
The post Ukraine reburies Nazi collaborator with state honors, drawing Israeli condemnation appeared first on The Forward.
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Trump administration again sues UCLA over antisemitism, alleging ‘hostile educational environment’
(JTA) — The U.S. Department of Justice sued the University of California for the second time this year over allegations of an antisemitic campus environment at UCLA, claiming the school “was deliberately indifferent to the suffering of its Jewish and Israeli students” after Oct. 7.
The federal lawsuit, filed Tuesday, claims UCLA violated the students’ civil rights by failing to intervene during pro-Palestinian encampment activity in early 2024. It follows an earlier suit that focused on the university’s treatment of its Jewish and Israeli employees, and comes 10 days after the university unveiled its own “Initiative to Combat Antisemitism.”
“Earlier this year, we sued UCLA for subjecting its Jewish and Israeli employees to an antisemitic hostile work environment,” assistant U.S. attorney general Harmeet Dhillon said in a press release. “Now, the Department of Justice calls UCLA to account for its toleration of the equally appalling hostile educational environment against its Jewish and Israeli students.”
Requests for comment to the Justice Department and UCLA were not immediately returned.
The new suit draws on widely reported accounts of UCLA’s campus environment in spring 2024, when protesters in pro-Palestinian encampments clashed with pro-Israel counter-protesters, sparking violence and turmoil. The failure to protect Jewish students violated their Title VI civil rights, attorneys said.
Citing the report of UCLA’s own task force on antisemitism, published in response to the 2024 campus upheaval, the suit states, “UCLA’s leadership apparently preferred a do-nothing ‘de-escalation strategy’ to protecting their Jewish and Israeli students from an angry mob organized by peers armed with tasers, lumber, and a sword.”
The Justice Department is seeking several redress measures, including the return of all federal grants made to UCLA “during the time of UCLA’s noncompliance with Title VI.” The school had previously resolved several Title VI antisemitism cases under the Biden administration, and also reached a $6.13 million settlement with Jewish groups in a private suit related to the spring 2024 incidents on campus — a case cited in DOJ’s new lawsuit.
The Trump administration has sought to make a particular example of UCLA in its aggressive approach to campus antisemitism. Officials had sought to levy fines in excess of $1 billion against the public university for its alleged failure to protect Jewish and Israeli students, until a federal judge intervened. Several DOJ lawyers have left the department over its UCLA investigation, telling reporters the case was “fraudulent,” a “sham” and driven by pressure to “find” evidence to support further legal action against UCLA.
In addition, some of the most violent clashes on the campuses included perpetrators on both sides of the conflict, leading some members of the UCLA Jewish community to complain that pro-Israel counter-protesters ultimately undercut the Jewish students’ legitimate grievances regarding the harassment they had been facing inside the campus gates.
And the campus environment for Jews remains tense. Last month, the UCLA student senate condemned a campus visit by a freed Israeli hostage, drawing blowback from a university regent.
The post Trump administration again sues UCLA over antisemitism, alleging ‘hostile educational environment’ appeared first on The Forward.
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Jewish leaders say Belgium’s prosecution of circumcision is antisemitic
(JTA) — Dozens of European Jewish leaders, joined by Israeli and American diplomats, decried Antwerp prosecutors who plan to charge two Jewish men with performing illegal circumcisions.
In an open letter on Tuesday to European and Belgian officials, 45 communal and religious Jewish leaders accused the Antwerp Public Prosecutor’s Office of “effectively criminalizing the act of circumcision” and infringing on religious freedom.
Earlier this month, Belgian prosecutors announced their recommendation to refer two mohels, or ritual circumcisers, to the criminal court following investigations into alleged illegal circumcisions.
In Belgium, the law requires all circumcisions to be performed by licensed medical professionals. The two men would be charged with intentional assault or battery against minors and the unlawful practice of medicine.
The European Jewish leaders responded that prosecuting mohels was “antisemitic in nature, reminiscent of efforts taken in Europe against Jewish practice prior to the Second World War.”
They said the potential prosecutions sent a message that “Jews are no longer welcome in Belgium” and “Belgian Jews are now second class citizens with limited rights.” Their appeal was led by the chairman of the European Jewish Association, Rabbi Menachem Margolin.
Israeli and U.S. officials have also accused Belgium of targeting Jews for practicing their faith.
Gideon Saar, Israel’s minister of foreign affairs, called the prosecutors’ decision a “scarlet letter on Belgian society.” He was joined by the U.S. ambassador to Belgium, Bill White, who said on X that Belgium “will be thought of now as anti Semitic by world.”
Belgium’s foreign minister fired back that it was “inappropriate to publicly criticize a country and tarnish its image simply because you disagree with judicial proceedings.”
“I recall that the proceedings in question were initiated by representatives of the Jewish community themselves,” said Maxime Prévot. “To portray those as a country’s desire to undermine the religious freedom of Jews is defamatory.”
The mohels were first investigated after complaints lodged by Moshe Aryeh Friedman, an Antwerp rabbi. He alleged in 2023 that six local mohels practiced metzitzah b’peh, in which the circumciser cleans the circumcision wound with oral suction. Over the past two decades, several infants in New York City were infected with herpes as a result of the practice.
The letter from European Jewish leaders did not address Friedman’s claims.
The post Jewish leaders say Belgium’s prosecution of circumcision is antisemitic appeared first on The Forward.