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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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This Jewish philosopher would have called out the Trump administration’s b.s. in Minneapolis
Last week, the Trump administration immediately defended the fatal shooting of Renee Good in Minneapolis, insisting that the ICE officer who shot her acted in self-defense after she had tried to run him down. That same night, the city’s mayor, Jacob Frey, replied to the administration’s claims: “Having seen the video myself, I want to tell everybody directly, that is bullshit.”
Frey’s language shocked some Americans, but perhaps reminded others of the word’s philosophical lineage. Last year marked the 25th anniversary of the publication of Harry Frankfurt’s On Bullshit, which became a surprise bestseller, blasting past Malcolm Gladwell’s Blink and Steven Levitt and Stephen Dubner’s Freakonomics to the top of the Times nonfiction list. But the Gray Lady spelled the title as On Bull—-, which exemplified, as yet another philosopher wryly noted, “what Frankfurt has castigated in his text.”
“One of the most salient features of our culture,” Frankfurt warns at the start of the book, “is that there is so much bullshit.” But the philosopher, whose book was published before the explosions of the internet, social platforms, AI, and Donald Trump descending the escalator at Trump Tower, had no idea just how much more bullshit could fill the world.
Yet, in light of events in Minneapolis, Frankfurt’s exploration of bullshit has now become, quite literally, deadly relevant. Frankfurt observes that the liar and truth-teller have something in common: Both acknowledge the existence of truth. The former, who tries to hide it, along with the latter who seeks to state it, recognize that truths abound in the world.
Not so, though, for the bullshitter, who simply ignores what is and is not true. He does not, as Frankfurter writes, simply “reject the authority of the truth, as the liar does, and oppose himself to it. He pays no attention to it at all.”
This leads to the heart of our present predicament. “The one thing the bullshitter does hide,” he remarks, “is that the truth values of her statements are of no central interests to her.” For this reason, Frankfurt concludes, “bullshit is a greater enemy of the truth than lies are.”
This claim should give us pause. After all, we honor those mythic figures who never tell a lie, be it George Washington or Horton the elephant. At the same time, we are shocked by those who honor Machiavelli, who famously advised the prince to “be a great liar,” observing that “a deceitful man will always find plenty ready to be deceived.”
Frankfurt salvages the reputation of the Machiavellian liar, reminding us that liars at least understand they are lying. In turn, this means they understand that there are truths hidden behind the lies. This is unfortunate, but not unexpected; as Mark Twain quipped, “Truth is the most precious thing we have. Economize it.”
Bullshitters are another matter altogether. In fact, they are truly dark matter because such people are ignorant of or indifferent to truth. Standing behind a podium in the White House press room or in front of ICE agents while wearing a 50-gallon cowboy hat, such individuals, Frankfurt explains, launch unhesitatingly into “a description of a certain state of affairs without genuinely submitting to the constraints which the endeavor to provide an accurate representation of reality imposes.”
This frees them from submitting to the constraints that a common understanding of morality imposes on us. In terms of foreign policy, Trump summarized this new standard of morality in his marathon interview with the Times last week. When asked if he recognized any limits on his use of power on the world stage, he replied, “Yeah, there is one thing. My own morality. My own mind. It’s the only thing that can stop me.”
The same worldview is now on display in the aftermath of the murder of Renee Good. The sole constraint on the behavior of the administration and its agents are their own minds — minds that, to paraphrase John Milton, are their own places, busy turning reality into a hell of their own making.
The funny thing about bullshitters is that they might just as easily utter a truth as a lie. Trump displayed such inadvertent truth-telling during his press conference following the attack on Venezuela, when time and again he emphasized its rationale. It was not to bring democracy, liberty and prosperity to the country, but instead to bring oil out of Venezuela and to him. But he does not care when he happens to stumble across a truth. “It is just this lack of connection to a concern with truth,” writes Frankfurt, “this indifference to how things really are, that I regard as the essence of bullshit.”
It is tempting to say that when Frankfurt’s book was published in 2005, we had a glimpse, thanks to George W. Bush’s invasion of Iraq, of the real-world consequences of bullshitting. My guess, though, is that Dubya and his cabinet still recognized and, in a way, valued truth. (Consider Dick Cheney’s deathbed denunciation of Donald Trump.)
But those days now seem halcyon compared to the hell we now face, one where both epistemological and moral truths have been tossed into the woodchipper. Perhaps one step we can take to resist this state of affairs is, like Mayor Frey and Harry Frankfurt, to start calling the Trump administration’s lies what they really are.
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After facing backlash, California congressional hopeful Scott Wiener says Israel is committing ‘genocide’
(JTA) — After declining to say whether he believed “Israel is committing genocide in Gaza” during a debate last week, California congressional candidate Scott Wiener has announced that he does, in fact, believe Israel’s actions in Gaza constitute a genocide.
Wiener’s demurral during the Wednesday debate, during which his two Democratic opponents endorsed the genocide charge without hesitation, elicited jeers from the audience. Afterwards, Wiener said he thought the lightning-round format was inappropriate for such a complex question but said he believed Israel’s actions in Gaza represented “an absolute moral stain.”
Facing ongoing criticism over his stance, Wiener — a leader of the Jewish caucus in California’s legislature — issued a video statement on Sunday saying that he had come to a clear conclusion.
“For years, I’ve condemned Netanyahu and his extremist government and the devastation they’ve inflicted on Gaza,” he wrote on X, introducing his statement. “It’s why I’ve been clear I won’t support U.S. funding for the destruction of Palestinian communities. I’ve stopped short of calling it genocide, but I can’t anymore.”
Wiener is running for the seat being vacated by Nancy Pelosi, a pro-Israel stalwart. His comments mean that all three Democratic candidates for the seat have firmly taken the position that Israel is committing genocide, a charge that Israel and the United States reject.
In the video, Wiener elaborated on his thinking.
“As a Jew, I am deeply aware that the word genocide was created in the wake of the Holocaust, which was the industrial extermination of 6 million Jews. For many Jews, associating the word genocide with the Jewish state of Israel is deeply painful and frankly traumatic,” he said. “But despite that pain and that trauma, we all have eyes, and we see the absolute devastation and catastrophic death toll in Gaza inflicted by the Israeli government. And we all have ears, and we hear the genocidal statements by certain senior members of the Israeli government. And to me, the Israeli government has tried to destroy Gaza and to push Palestinians out, and that qualifies as genocide.”
Wiener’s statement comes as harsh criticism of Israel becomes de rigueur among Democrats amid a bottoming-out of support among Democratic voters. Anti-Israel sentiment is on the rise among Republicans, too, shattering a decades-old consensus on the right about support for Israel.
Wiener has faced sustained protest from pro-Palestinian activists over his liberal Zionist stances. He has also long faced right-wing scorn as well as antisemitism-laced criticism over his stance on transgender rights, which he supports.
The post After facing backlash, California congressional hopeful Scott Wiener says Israel is committing ‘genocide’ appeared first on The Forward.
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Iran threatens to attack Israel if Trump strikes Tehran over crackdown on protesters
(JTA) — Iranian leaders say they could attack Israel if the United States strikes Iran over its response to a sweeping anti-government protest movement.
“Let us be clear: in the case of an attack on Iran, the occupied territories as well as all U.S. bases and ships will be our legitimate target,” Iranian Parliament Speaker Mohammad Baqer Qalibaf, a former commander in the country’s Revolutionary Guards, said on Saturday. Iranian officials use “the occupied territories” to refer to Israel, which the Iranian Islamic Republic regime has sworn to destroy and attacked repeatedly.
Qalibaf was responding to U.S. President Donald Trump’s repeated comments signaling potential U.S. retaliation against Iran in the event that Iranian officials begin killing anti-government protesters who have been demonstrating with increasing strength since late last month.
On Monday, Qalibaf reportedly escalated his threats at a pro-government rally in Tehran, saying Iran would deal Trump “an unforgettable lesson” if he follows through on his continued threats to intervene. Agence France Presse reported that he spoke in front of banners reading “Death to Israel, Death to America” in Persian.
Trump has openly said the United States is considering weighing in against the Iranian government. “Iran is looking at FREEDOM, perhaps like never before,” he wrote on Truth Social, his social media network, on Saturday. “The USA stands ready to help!!!”
On Sunday, amid reports that the Iranian regime had embarked on a bloody crackdown, Trump said again that he was considering “very strong options” against Iran, though he also said Tehran had reached out to negotiate. Amid reports that he expected to be briefed on military options against Iran on Tuesday, Trump indicated that the United States could act sooner.
“Iran wants to negotiate, yes. We may meet with them — I mean a meeting is being set up,” Trump told reporters on Air Force One late Sunday. “But we may have to act, because of what’s happening, before the meeting.”
Protest leaders said hundreds if not thousands of protesters had been shot to death in Tehran on Sunday, though official numbers were much lower and impossible for independent news organizations to verify in part because of an internet blackout that the government put in place last week.
“There seem to be some people killed that aren’t supposed to be killed,” Trump said. “These are violent — if you call them leaders, I don’t know if they’re leaders or just if they rule through violence. And we’re looking at some very strong options. We’ll make a determination.”
The potential for armed conflict between the United States and Iran, Israel’s sworn enemy, has prompted sharp concerns in Israel, which last year waged a 12-day war with Iran that ended under U.S. pressure following a U.S. strike on Iran’s nuclear facilities. Prime Minister Benjamin Netanyahu spoke on Sunday to U.S. Secretary of State Marco Rubio, and Reuters reported that Israeli intelligence officials said the country was on “high alert.”
At least one Israeli official has indicated that Israeli agents are active on the ground in Iran during the swelling protest movement, fueling criticism from Tehran that the protests have been stoked by foreign actors.
Demonstrations in support of the Iranian protesters, who are responding not only to the country’s repressive religious leadership but also an economic crisis, took place in cities around the world over the weekend. Some of the protests included Jewish Iranian expats and expressions of support for Israel.
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