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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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The post Eli Rosenbaum takes skills honed Nazi-hunting to investigating war crimes in Ukraine appeared first on Jewish Telegraphic Agency.
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In its first detailed response to ‘NAZA’ documentary, IDF claims ‘fundamental errors’
(JTA) — The IDF on Thursday issued its first detailed response to “NAZA” after viewing the full documentary alleging Israeli forces knowingly killed large numbers of civilians in the Gaza war, accusing the filmmakers of making fundamental errors about how civilian-casualty estimates, strike approvals and intelligence tools were used.
“The film’s narrative is based on substantial factual errors stemming from a misrepresented and manipulative depiction of reality,” the IDF said in a statement accompanying its findings. The film “presents a distorted, misleading and disingenuous picture of the IDF’s target planning and striking process,” the military said, arguing that it conflates preliminary intelligence work with the later operational and legal process used to decide whether and how a target can be struck.
The filmmakers, who are Israeli, have previously defended the film’s reporting, saying the identities of its anonymous sources and the cases they described were verified and that editors at the Guardian, which produced the film, had access to the underlying material.
The 10-page response came after an IDF representative attended a screening of “NAZA,” directed by filmmakers Yuval Abraham and Rachel Szor, in Bologna, Italy, allowing the military to assess the full film for the first time. The army had previously rejected the documentary’s allegations based on excerpts and publicly available material, saying at the time that the filmmakers had not provided it with a copy despite a request to do so.
The film is based on interviews with 24 Israeli soldiers, most of them intelligence personnel, who describe their roles in surveillance, target selection and strikes in Gaza. NAZA is the Hebrew acronym for collateral damage. The film, which won the Special Jury Prize at the Venice Film Festival last month, argues that the military accepted high civilian casualty estimates, relied heavily on AI tools to generate targets and weakened safeguards governing strikes.
The IDF in its response Thursday rejected one of the documentary’s most prominent claims, that a strike had been approved despite an estimated civilian death toll of about 500. The military said it had “never planned, approved or carried out” a strike in which 500 civilians, or “anything close to that number,” were expected to be killed.
The IDF also rejected the film’s claim that junior Hamas operatives could be approved for targeting with up to 20 expected civilian casualties, and that senior commanders could be targered with as many as 200. It said the film had confused thresholds requiring approval from more senior commanders, who could then reject the operation, with permission to kill a fixed number of civilians. The military said that no 200-casualty approval threshold had ever existed and that actual thresholds were “much lower,” without specifying what the thresholds were.
The IDF did acknowledge that several incidents involving civilian deaths near humanitarian aid distribution sites prompted operational reviews, changes to instructions and other measures in those areas. However, it disputed testimony that soldiers fired indiscriminately at civilians near the sites and said troops were permitted to fire only at militants or people posing an immediate threat.
Abraham has accused Israeli media of failing to seriously investigate civilian casualties and rules of engagement in Gaza during the war.
The IDF also rejected the film’s suggestion that civilians who remained in evacuation zones could then be treated as legitimate targets. It said evacuation orders did not change a civilian’s status and that every strike still required identification of a military target and a separate proportionality assessment.
When it came to the film’s portrayal of “Lavender” as an AI-powered list of targets approved for attack, the military said the production had misunderstood what the program was: a database used to cross-reference intelligence on members of militant groups which did not make someone in the database a target.
“Artificial intelligence does not determine whether an object or a person is designated as a target, nor whether a target is struck,” the IDF said, adding that those decisions are made by human analysts and commanders.
The IDF also argued that many of the anonymous soldiers featured in “NAZA” were describing only “limited, initial stages” of the targeting process. “Such testimonies therefore cannot be treated as a complete account of the policies at hand, the decisions made and what ultimately happened,” the military said.
A Guardian News & Media spokesperson, in a statement sent to the Jewish Telegraphic Agency, said the Guardian “stands fully behind the film,” which it said was based on three years of reporting by the outlet and its partners and interviews with more than 100 sources familiar with IDF systems used in Gaza, including senior commanders involved in authorizing strikes.
The Guardian also rejected what it described as the IDF’s attempt to portray the film’s interviewees as “junior-ranking officers involved only in the early stages of the targeting process.”
“They include officers and soldiers who were involved in multiple stages of the targeting process in Gaza, including intelligence, operations and the final authorization process,” the statement said.
The military did not describe all 24 participants as junior personnel and said only that the testimony of the soldiers interviewed in the film “generally” focused on “limited, initial stages” of the targeting process.
The Guardian said the “process of assessing the credibility of the testimonies was rigorous” and included “leaked classified documents, detailed verification of specific strikes and corroboration via a wider pool of confidential journalistic sources who did not appear on camera in the film.”
The Guardian also said the New York Times, Washington Post and Associated Press had “confirmed the IDF’s use of AI-driven systems in the Gaza offensive and the loosening of safeguards to protect civilians.”
The IDF disputed the film’s suggestion that it did not examine civilian casualties after attacks. Several units tracked strike outcomes and civilian-casualty reports and hundreds of incidents had been reviewed during the war, the military said, arguing that intelligence personnel interviewed in “NAZA” do not appear to belong to those units and “are not positioned to testify on this matter.”
The IDF rejected the film’s criticism that its collateral-damage estimates did not distinguish between adults and children. It said international law treats all civilians as protected regardless of age, adding that when commanders knew children were present, that information “led commanders to cancel, postpone or replan strikes.”
It also pushed back on an interviewee’s claim that the IDF believed there were “no uninvolved civilians in Gaza,” saying that may have reflected the soldier’s personal views but did not represent military policy or orders. It also rejected the film’s genocide allegations, saying the interviewees were not in positions to establish genocidal intent by senior commanders or political leaders.
The IDF also criticized the filmmakers’ reporting methods, saying they provided no dates, locations or other identifying details for alleged strikes and did not put their specific allegations to the military before the film’s release. “The filmmakers could have identified and avoided the substantial errors apparent in the film had they conducted adequate verification and corroboration in good faith. The end result shows they did not,” the military said.
The Guardian statement did not say whether the filmmakers solicited detailed responses from the IDF, and why if they did not..
The military said “NAZA” also gave insufficient weight to the Oct. 7 Hamas attack, the group’s use of civilian areas for military activity and measures Israel says it took to reduce civilian casualties, including warnings, changes to strike plans and the cancellation of attacks.
This article originally appeared on JTA.org.
The post In its first detailed response to ‘NAZA’ documentary, IDF claims ‘fundamental errors’ appeared first on The Forward.
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Zara removes Halloween costume likened to concentration camp uniform
(JTA) — Spanish fashion retailer Zara removed a children’s Halloween costume from its website on Wednesday after social media users noted that the gray-and-blue striped outfit resembled prison garb worn by inmates in Nazi concentration camps.
Zara described the ensemble as “Kids costume featuring vertical stripes with decorative topstitching, a lapel flower and a distressed effect. Includes a cardigan and shorts. Gray / Blue.”
The post was visible via a Google search that continued to display an indexed version of the Zara product page after the listing itself had been removed.
The costume resembles the suit worn by Michael Keaton’s title character in the 1988 horror-comedy “Beetlejuice” and its 2024 sequel, “Beetlejuice Beetlejuice.” Even so, social media users said the vertical stripes and shiny crisscrosses, which some media outlets described as “fake stitched scars,” resembled concentration camp uniforms and the barbed wire visible in many World War II photos.
Priced at $59.90 in the U.S., according to another indexed version of the listing, the costume drew criticism online in Europe on Tuesday. It gained wider attention Wednesday after Israeli journalist Dov Gil-Har, activist Hen Mazzig and others shared images of it on X.
The listing was no longer accessible by Wednesday afternoon. It was unclear exactly when Zara removed it. No reason was given for its removal, and Zara has not made any public statements regarding the controversy, nor has it responded to the Jewish Telegraphic Agency’s request for comment.
One Instagram commenter wrote “@zara how many levels of approval did this go though (sic)? Who is working for you?” A Facebook user said “It’s supposed to be a groom costume. It does somewhat resemble a (sic) Auschwitz uniform. With all the anti-semitism on the rise I am not surprised.” Another Instagram user asked, “What were they claiming it was meant to be?”
Zara has in the past faced similar controversies over clothing that evoked Nazi or Holocaust imagery. In 2007, it withdrew a handbag from its stores after a customer discovered a swastika embroidered on it; Inditex, Zara’s parent company, said the symbol had not appeared on the design Zara had approved.
In 2014 Zara apologized for selling a blue-and-white-striped shirt with six-pointed yellow-star badges on the chest. The Zara Israel website identified it as a “striped sheriff t-shirt” and the word sheriff was cut out in small letters on the star. The likeness to concentration camp uniforms and the yellow Star of David badges Jews were forced to wear under Nazi rule led Zara to stop selling the shirts and destroy the remaining inventory.
When reached for comment, the Conference on Jewish Material Claims Against Germany, which represents Holocaust survivors in compensation negotiations, said the repeated incidents underscore the need for Holocaust education.
“This is not the first time this has happened and it once again makes abundantly clear: The glaring absence of Holocaust knowledge is pervasive,” Gideon Taylor, Claims Conference president, wrote in an email to JTA. “It shouldn’t take the risk of a Shoah survivor opening their door and seeing children that look like they are in concentration camp uniforms for us to see where we have to do better. This should serve as a message to us all of why Holocaust education is so important.”
This article originally appeared on JTA.org.
The post Zara removes Halloween costume likened to concentration camp uniform appeared first on The Forward.
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Jewish groups hail California law making it the first state to list ‘Jewish’ as an ethnicity
(JTA) — California is now the first state in the nation to deem “Jewish” an ethnic and racial identity, rather than just a religious affiliation.
Democratic Gov. Gavin Newsom on Wednesday signed SB 1387, a bill that expands California’s legal definition of ethnicity “to include Jewish identity” in demographic data collection. As of Jan. 1, 2029, forms distributed by public entities like schools and prisons will need to include a “Jewish” category when asking for voluntary disclosures of ethnicity or race.
David Bocarsly, CEO of Jewish California, a group that lobbies on behalf of a number of Jewish organizations in the state, described the signing in a statement as “a historic step for the Jewish community.”
“Under the shadow of Nazi race theory, American Jewish leaders asked the government to count us only as a religion,” he said, noting that this approach “didn’t work” and led to exclusion from data that shapes policy.
“Now hate crime, health, poverty, and education data will reflect who Jewish Californians actually are so we can ensure the best support for our community,” Bocarsly added. “Most importantly, it allows us to be seen as the diverse, complex people we are.”
The legislation was a priority among many Jewish groups across the Gold Rush state, who believe that Jewish peoplehood should be connected to more than just religion — and that the law should reflect this relationship.
Newsom, however, expressed some reservations in signing the bill into law.
“I strongly support this bill’s goal: accurate data leads to better understanding to inform policy,” Newsom, who is considering a presidential run in 2028, wrote in a signing statement. But he said he was concerned that the bill’s strictures would make it hard for state agencies to comply with the new law and with federal laws, and recommended revisiting the bill.
In addition to signing SB 1387 on Wednesday — the final day on which he could approve or veto bills in this year’s legislative session — Newsom also authorized AB 395, which will prohibit public meetings and graduations from being scheduled on major cultural and religious holidays.
“Californians of all faiths and backgrounds should be able to fully participate in public life,” the bill’s author, Democratic Assemblymember Jesse Gabriel, said in a statement.
“For too long members of our religious communities have been forced to choose between observing their faith and participating in important public events and academic milestones,” added Gabriel, who chairs the California Legislative Jewish Caucus.
Also on Wednesday, Newsom approved AB 1763, which will include religious holiday observance as a type of excused absence in schools without requiring a written request from a parent or guardian.
Newsom signed other bills relevant to the Jewish community in the past few days, including AB 2664, which will establish 100-foot protective zones around entrances to houses of worship.
Another new law is AB 1836, which will close a gap in California’s nonprofit security grant structure by extending funds to off-site religious events like Hanukkah menorah lightings. The governor also approved AB 1853, enacting a ban on including misleading or threatening information, like hate speech, in California voter guides.
This article originally appeared on JTA.org.
The post Jewish groups hail California law making it the first state to list ‘Jewish’ as an ethnicity appeared first on The Forward.

