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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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Two Men Spit, Say ‘Free Palestine’ as They Attempt to Gain Access to Jewish Center in Dallas
Two young men who attempted to gain entry to a Jewish life center in Dallas by claiming to be window cleaners. Photo: Screenshot
Jewish community leaders on Monday denounced an antisemitic incident in which two men trespassed the grounds of the Olami Dallas Center in Texas and demanded entry to the home of its rabbi by claiming to be window cleaners.
According to StandWithUs, the perpetrators rang the doorbell of Rabbi Yaakov Rubin, who refused to let them, in response to which one of the men spat on the property as the other said “Free Palestine.” StandWithUs added that they also said “fake Jews” during their attempt to gain access to the building.
However, after realizing they were caught on camera, one of the perpetrators then yelled: “I love the Jews.”
StandWithUs shared video footage of the incident.
“There’s much brazenness required to walk up to a house, in an attempt to intimidate a Jewish Life center, and its host family, ring the doorbell, and say, ‘Free Palestine,’” Rubin said in a statement included in a press release StandWithUs issued following the incident. “This requires us to be that much bolder and proud of our Jewishness and Israel, through open pride, a strong sense of identity and nurturing our mission from G-d. We don’t run, won’t hide, we will be a light to the world.”
The incident at the Olami center comes amid a period of anti-Jewish violence in the US that is unprecedented in the country’s history. Since the Hamas-led Oct. 7, 2023, massacre across southern Israel, Jews have been murdered on the streets of Washington D.C., firebombed in Colorado with Molotov cocktails, and gang assaulted. In a recent incident just last month, a young man apparently radicalized by the far right set the Beth Israel Congregation on fire over its “Jewish ties,” a catastrophic event which has shut down the Jewish house of worship for the foreseeable future. Another arsonist struck the San Francisco Hillel building in December.
In Monday’s press release, Jordan Cope, director for policy and education at StandWithUs, said this latest incident is a reminder of the degree to which antisemitism is coupled with anti-Zionism.
“The youth’s mention of ‘fake Jews’ before his subsequent ‘free Palestine’ assertion followed by his ‘I love the Jews’ comments, is a clear reminder of how bigots all too often disingenuously disguise their antisemitism as a matter of Middle Eastern politics,” Cope said. “Efforts to intimidate the Jewish people into abandoning their pride of their indigenous homeless ultimately seek to intimidate Jews into silence and submission at a time where antisemitism continues to run rife throughout the West.”
He added, “Antisemitism is an age-old hatred. Anti-Israel sentiment is its newest spear.”
For several consecutive years, antisemitism in the US has surged to break “all previous annual records,” according to a series of reports issued by the ADL since it began recording data on antisemitic incidents.
The FBI disclosed similar numbers, showing that even as hate crimes across the US decreased overall, those perpetrated against Jews increased by 5.8 percent in 2024 to 1,938, the largest total recorded in over 30 years of the FBI’s counting them. Jewish American groups have noted that this rise in antisemitic hate crimes, which included 178 assaults, is being experienced by a demographic group which constitutes just 2 percent of the US population.
The wave of hatred has changed how American Jews perceive their status in America.
According to the results of a new survey commissioned by the Anti-Defamation League (ADL) and the Jewish Federations of North America, a majority of American Jews now consider antisemitism to be a normal and endemic aspect of life in the US.
A striking 57 percent reported believing “that antisemitism is now a normal Jewish experience,” the organizations disclosed, while 55 percent said they have personally witnessed or been subjected to antisemitic hatred, including physical assaults, threats, and harassment, in the past year.
The survey results revealed other disturbing trends: Jewish victims are internalizing their experiences, as 74 percent did not report what happened to them to “any institution or organization”; Jewish youth are bearing the brunt of antisemitism, having faced communications which aim to exclude Jews or delegitimize their concerns about rising hate; roughly a third of survey respondents show symptoms of anxiety; and the cultural climate has fostered a sense in the Jewish community that the non-Jewish community would not act as a moral guardrail against violence and threats.
Follow Dion J. Pierre @DionJPierre.
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In JFNA’s first ‘State of the Jewish Union’ address, security and antisemitism loom large
(JTA) — Speaking from Washington, D.C., on Thursday, the president and CEO of the Jewish Federations of North America, Eric Fingerhut, laid out his assessment of the state of Jewish life in America.
“The state of the Jewish union in America is strong, but it is being tested,” said Fingerhut. “We are united in our commitment to America and to Jewish life, even as we worry about the real threats of violence and the growing acceptance of antisemitic rhetoric.”
During his remarks, which was billed as JFNA’s inaugural “State of the Jewish Union” address ahead of President Donald Trump’s State of the Union address next week, Fingerhut issued six recommendations to Congress which centered on increasing security for Jewish communities.
They included providing federal support for security personnel, expanding FBI capabilities to counter domestic terrorism, increasing support for local and state law enforcement, prosecuting hate crimes aggressively and holding social media companies accountable for amplifying antisemitic rhetoric.
“Jewish children and teens are facing growing risks online, including antisemitic harassment, bullying and extremist content,” said Fingerhut. “We recognize the difficulty of legislating in this field, but states are moving forward, and it’s time for Congress to move forward as well.”
Fingerhut also called on Congress to increase funding for the Nonprofit Security Grant Program to $1 billion annually, and “make the program more flexible and simpler to use.” (This year, the program is requiring recipients to support federal immigration enforcement and avoid programs advancing diversity, raising concern among many Jewish groups, including JFNA.)
At the beginning of his address, Fingerhut also emphasized the ties between the American Jewish community and Israel, which have come under scrutiny since JFNA published a survey earlier this month which found that only one-third of American Jews say they identify as Zionist.
“The focus of today’s talk will be about the state of Jews in America, but it is not possible to have that conversation without acknowledging and addressing the emotional, familial and religious connection between the American Jewish community and the people of Israel,” said Fingerhut.
Fingerhut’s remarks come shortly after Bret Stephens, the right-leaning Jewish New York Times columnist, argued during his 92NY’s annual “The State of World Jewry” speech that groups devoted to combating antisemitism, including the Anti-Defamation League, should abandon their strategy and instead focus on bolstering Jewish education and communal infrastructure.
During Fingerhut’s address, which largely centered on the security burdens placed on Jewish communities and concern for changes to social services funding, he also pivoted to a broader vision of Jewish life beyond the need for protection alone.
“It is important for the Congress to know that Jewish life is not only what we are protecting, but what we are building,” said Fingerhut. “It is Jewish education and Jewish experiences, but it is also human services, dignity and belonging.”
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Trump and Biden officials clash over campus antisemitism actions as federal investigation kicks off
The first hearing held as part of a federal investigation into how the Trump administration has sought to counter campus antisemitism turned into a showdown between Democratic and Republican officials over how civil rights laws are being enforced.
Craig Trainor, who ran civil rights investigations at the Education Department for most of last year, described his predecessors in the Biden administration as unable to stop what he called “coordinated harassment and violence against Jewish students” and said its approach had been “equivocal, craven and pathetic.”
Matt Nosanchuk, who worked in same department under former President Joe Biden, defended his team’s work and said the White House under Trump is no longer concerned with helping Jewish students: “In the name of combating antisemitism, the current administration has built a Trojan horse to unleash a frontal, ideological attack on higher education.”
And Mondaire Jones, a former Democratic congressman from New York and current member of the U.S. Commission on Civil Rights, which is conducting the federal probe, accused the Trump officials who testified of violating federal law by refusing to turn over documents the commission requested as part of its inquiry. “You have a statutory obligation to comply,” Jones said.
The all-day hearing, which also included dueling analyses of civil rights law from academics and testimony from Jewish college students, is part of the first independent federal investigation into how the government has responded to allegations of antisemitism on college campuses. The bipartisan commission, whose members are appointed by Congress and the president, currently has a narrow Democratic majority and chair.
“When we started this project I thought there was no chance this could be anything other than bipartisan and free from sniping and partisanship about who did a better job,” J. Christian Adams, a Republican member of the commission, said at one point. “Alas, like everything else around here, that dream has died.”
The civil rights commission said it expects to release its findings and potential recommendations in the fall, although by that point it may be deadlocked between Democratic and Republican appointees and unable to reach agreement. Trump has unsuccessfully sought to remove its Democratic chair, Rochelle Garza.
Dueling views of federal actions
Several of the witnesses at the hearing focused on the Trump administration’s diminishment of the federal government’s capacity to investigate claims of antisemitism through its mass layoffs, which took a heavy toll at the departments of education and justice. The Education Department has closed 7 of its 12 regional offices and laid off around half of the employees tasked with enforcing civil rights laws before bringing many of them back to work in January.
Alyssa Lareau, a 16-year veteran of the civil rights division at the Justice Department who left last March, told the commission that the Trump administration appeared to violate federal law by freezing billions of dollars in grants to universities accused of tolerating antisemitism without following the rigorous process required and that courts had ruled several of the freezes to be illegal.
“Title XI has a detailed process for terminating federal funding,” said Lareau, referring to the section of civil rights law that applies to most antisemitism claims. “DOJ appears to not have adhered to the procedures mandated by Title XI or its own Title XI regulations.”
But Trainor argued that the Biden administration had let bureaucracy serve as an excuse for not taking sufficient action against the “mobs” and “hateful hordes” he described as brutalizing Jewish students on campus following the Oct. 7 Hamas attack in Israel and subsequent Gaza war.
“The president, when he was campaigning to Make America Great Again in 2024, promised to put an end to this,” Trainor said. “And he did.”
The Trump administration has made countering what it has described as antisemitism on the political left, and especially on college campuses, a top priority. That has included creating a special task force of its own to address it and reaching unprecedented settlements with elite schools that include Columbia, Brown, Cornell and the University of California, Los Angeles.
Some Jewish students have credited the Trump administration for lighting a fire under university administrations they felt had been reluctant to crack down on campus activism they felt created an antisemitic environment on their campuses. Others have described feeling like political pawns.
Sarah Silverman, a Jewish sophomore at Harvard, told the commission that the Justice Department had used the story of a mezuzah being removed from her doorframe as evidence in its attempt to strip research funding from the university and make its students ineligible to receive federal financial aid.
“How does destroying and discrediting educational institutions fight antisemitism?” she asked.
Most American Jews have also expressed skepticism of the White House’s approach. None of its main tactics — including attempting to deport international students who spoke out against Israel during the Gaza war — have received majority approval in surveys of the Jewish community, even as Jews remain alarmed by the level of domestic antisemitism.
Early in the panel, several legal scholars and activists voiced opposite views on whether strident anti-Zionist activism could create the kind of hostile environment for Jewish students that schools are required by law to prevent.
Benjamin Eidelson, an expert in anti-discrimination at Harvard Law School, argued that anti-Zionism could not be treated as a de facto form of antisemitism because “no views about Zionism or Israel are inherent in anyone’s ancestry.”
Eidelson said he was sympathetic to Jewish students who felt alienated by campus protests but “not everything that’s bad is a violation of Title XI.”
Mark Goldfeder, director of the pro-Israel National Jewish Advocacy Center, took the opposite tack. He brought a rock from Mount Zion in Jerusalem to demonstrate that Zionism was linked to the ancestral Jewish connection to Israel.
“Excluding someone based on where their ancestors are from — or based on an identity rooted in where they’re from — is not only wrong, it’s national origin discrimination and civil rights law forbids it,” he said.
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