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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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Did Netanyahu ignore Oct. 7 warning? An independent inquiry could cost him re-election.
Israel’s election campaign effectively begins today, as political parties submit their list of candidates who will contest the Oct. 27 election. It is difficult to imagine a more politically explosive moment for the publication of a new investigation into the failures surrounding Oct. 7.
Today’s report in the Haaretz newspaper alleges that Benjamin Netanyahu received an extraordinary personal warning from UAE President Mohammed bin Zayed roughly a week and a half before the Hamas attack. According to the report, bin Zayed told Netanyahu during a 45-minute telephone conversation that Hamas chief Yahya Sinwar was preparing a major operation against Israel that could cause bloodshed and destabilize the region.
Netanyahu reportedly replied that he believed Hamas was focused on the West Bank and assured the Emirati leader that Israel was prepared. The Haaretz report cites multiple senior foreign sources reportedly briefed on the conversation and an adviser to bin Zayed who was present for the call.
Even more consequentially, the investigation says Netanyahu did not pass this specific warning to the heads of the Shin Bet, Mossad or Israel Defense Forces. Former Shin Bet chief Ronen Bar and former IDF chief Herzi Halevi, for their part, told Haaretz that they had not been informed of such a warning, while the UAE president did not respond to the news organization.
Haaretz traces the warning to an earlier chain of intelligence in which Sinwar himself had spoken ominously of an approaching “earthquake” – an enormous operation. That warning reached the Shin Bet on September 15 and produced high-level discussions in which Shin Bet chief Ronen Bar warned that Israel was moving toward confrontation.
Veteran journalist Shlomi Eldar, the co-author of the report, said bin Zayed concluded Israel had not heeded such signals – but Netanyahu “tried to convince bin Zayed that we are fine with Gaza.”
Netanyahu denies the central allegation completely. “There was no such warning,” his spokesman Topaz Luk said on Israel Radio. “I think this is another effort to distort the truth ahead of elections.”
The question of who is telling the truth leads directly to a democratic mechanism that has repeatedly been called upon at moments of national trauma throughout Israel’s history: a commission of inquiry.
That very mechanism was employed in response to the catastrophic failures surrounding the 1973 Yom Kippur War, when the Agranat Commission investigated the conduct of the military and government. State commissions of inquiry have likewise examined the 1982 Sabra and Shatila massacre and the killing of Arab citizens by police in October 2000.
Oct. 7 was the greatest security failure in Israel’s history, leaving more than 1,000 people dead, hundreds taken hostage, communities overrun and the country plunged into years of war.
Netanyahu has resisted all calls to establish an independent state commission – trying instead to set up an inquiry in which the opposition and coalition politicians would have equal say, guaranteeing any findings would be politicized. He has also attempted to deflect all blame onto the security establishment – making the issue a central one in the election campaign.
“You knew, you ignored it, you failed and you are guilty,” said opposition politician Yair Golan Tuesday, addressing his comments to Netanyahu. “We will set up a state inquiry that will expose the truth and those guilty will have to face justice .. for negligence that caused a massacre.”
Under the Commissions of Inquiry Law adopted in 1968, once the government establishes a state commission, its members are appointed by the president of the Supreme Court, and its chairman must be a serving or retired judge. The arrangement is intended to give the investigation independence from the political figures and institutions whose decisions it may ultimately have to judge.
And therein lies a rather extraordinary convergence. Netanyahu and his government have spent years attacking the legitimacy of precisely the institution entrusted by law with ensuring the independence of such an investigation: the Supreme Court. The campaign to weaken the judiciary that tore Israel apart before Oct. 7 has since provided a convenient argument against using the established mechanism for investigating Oct. 7 itself.
Netanyahu argues that a commission whose members are selected by the Supreme Court president cannot command broad public confidence. His opponents argue that a bespoke “political commission” may sound superficially balanced, but conclusions associated with coalition appointees would inevitably be dismissed by Netanyahu’s opponents as an attempt to protect him. Meanwhile findings associated with opposition appointees would be portrayed by his supporters as an attempt to destroy him. Israel would begin with two political camps choosing investigators and almost certainly end with two political camps accepting different versions of the truth.
The opposition has therefore refused to participate, arguing that the proposal would allow Netanyahu to influence the investigation of his own government. The stalemate has produced an outcome that is increasingly difficult to view as accidental: there is no agreed commission, no authoritative account of what happened and an ever-expanding vacuum in which every faction is free to construct its own version of Oct. 7.
Into that vacuum has flowed something far more disturbing than an ordinary argument over political responsibility. Netanyahu has worked relentlessly to shift responsibility toward the intelligence chiefs, the generals and especially the Shin Bet. Around him has grown an increasingly elaborate conspiracy theory that Oct. 7 may have involved something more sinister than incompetence and catastrophic misjudgment: an internal betrayal designed to damage Netanyahu politically.
What the Haaretz report provides is another powerful indication of how much remains unresolved, along with a potentially devastating explanation for Netanyahu’s determination to keep the established investigative mechanism from examining it. If the report is substantially correct — if Netanyahu personally received another serious warning before Oct. 7, misunderstood its significance, failed to circulate it to the security chiefs and then spent years attempting to redirect responsibility toward those same institutions — his resistance to a genuinely independent inquiry is clearly a political calculation..
“It’s like a knife in the stomach,” said Merav Svirsky, whose parents were killed in Kibbutz Be’eri, one of the communities hardest hit on Oct. 7, and whose brother was kidnapped and killed in Gaza. “My father and mother could have been alive. My brother would not have been kidnapped and would be alive. And while others resigned, Netanyahu clings to his seat.”
The post Did Netanyahu ignore Oct. 7 warning? An independent inquiry could cost him re-election. appeared first on The Forward.
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Tidbits: New German textbooks about the Jewish religion
Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:
צום ערשטן מאָל זינט דעם חורבן האָבן די דײַטשישע עפֿנטלעכע שולן באַקומען לערנביכער געווידמעט דער ייִדישער רעליגיע, כּדי די לערערס זאָלן קענען זיי ניצן ווי אַ טייל פֿונעם קוריקולום.
די סעריע פֿון אַכט בענד, „דעת הדורות“ (דאָס וויסן פֿון די דורות), וועט לערנען תּלמידים צווישן 10 און 16 יאָר אַלט אויף דײַטש וועגן דער תּורה, דעם תּנך, די תּפֿילות, ייִדישער עטיק, הלכה, יום־טובֿים, דעם ייִדישן לעבנס־ציקל און דער ייִדישער געשיכטע.
דער ערשטער באַנד, וואָס קאָנצענטרירט זיך אויף דער תּורה, וועט מען אָנהייבן ניצן אינעם נײַעם שוליאָר.
די ביכער, וואָס זענען צונויפֿגעשטעלט געוואָרן דורכן „צענטראַל-ראַט פֿון די ייִדן אין דײַטשלאַנד“ בשותּפֿות מיטן „ערנסט קלעט פֿאַרלאַג“, ווערן געצילעוועט סײַ אויף פּריוואַטע ייִדישע שולן סײַ אויף מלוכישע שולן איבער גאַנץ דײַטשלאַנד.
דער ציל איז צו באַקענען די תּלמידים מיט דער ייִדישער רעליגיע און טראַדיציעס אין אַ צײַט וואָס עס וואַקסט דער אַנטיסעמיטיזם איבערן לאַנד.
ביז איצט האָבן די לערער פֿון רעליגיעזע ייִדישע לימודים נישט געהאַט קיין מאָדערנע לערנביכער וועגן יהדות אין הסכּם מיטן קוריקולום, אַזוי ווי ס׳האָבן געהאַט די לערער פֿון קריסטלעכע רעליגיעזע לימודים. צוליב דעם בלויז האָבן די לערער פֿון דער ייִדישער רעליגיע געמוזט אַליין צונויפֿשטעלן אַרבעט־בויגנס און אַנדערע מאַטעריאַלן, וואָס זיי האָבן איבערגעזעצט פֿון אַנדערע שפּראַכן.
אין אַ מעלדונג האָט שילה ערלבוים, די אָנפֿירערין פֿונעם אָפּטייל פֿון פּאָליטיק און רעליגיע בײַם ייִדישן צענטראַל־ראַט, געזאָגט: „מיר האָבן טאַקע געדאַרפֿט אַ סיסטעמאַטישן לערן־רעסורס, וואָס באַזאָרגט די קינדער נישט בלויז מיט לערן־מאַטעריאַל, אָבער מוטיקט זיי זיך אַקטיוו צו באַטייליקן,“ האָט זי געזאָגט.
„דורך ׳דעת הדורות׳ קענען זיי לייזן בילדער־רעטענישן; זיך דערוויסן וועגן די געשעענישן פֿון משה רבינוס לעבן דורך אַ ווערפֿל־שפּיל, אָדער אויספּרוּוון זייער וויסן פֿון ייִדישע טערמינען דורך דער מאָבילקע אָדער אַ „גיכענטפֿער קאָד“ (QR code),“ האָט ערלבוים געזאָגט.
יאָזעף שוסטער, דער פּרעזידענט פֿונעם ייִדישן צענטראַל־ראַט, האַלט אַז די לערנביכער זענען אַ וויכטיקער אויפֿטו. „אַ דאַנק דעם פּראָיעקט וועט די ייִדישע רעליגיעזע בילדונג איצט זײַן גלײַך מיט די קריסטלעכע רעליגיעזע לימודים,“ האָט ער געזאָגט.
צו לייענען וועגן דעם אויף ענגליש גיט אַ קוועטש דאָ.
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Far-right win in German regional race sends shockwaves through Europe
(JTA) —
A victory for Germany’s far-right party in an eastern federal state has reverberated across the globe, exposing the widening rifts between alarmed centrist leaders and insurgent nationalist movements in Europe.
The Alternative for Germany (AfD) party won 43.8% of the vote in an election in Saxony-Anhalt on Sunday, crushing the center-right Christian Democratic Union (CDU), German Chancellor Friedrich Merz’s party, which held 17.2% support, according to preliminary figures.
The AfD is now heading toward 39 seats in Saxony-Anhalt’s 83-seat state parliament. It’s expected to fall 3 seats short of an outright majority, leaving open the question of whether it can form Germany’s first far-right state government since World War II. The party has proposed a sweeping nationalist agenda that includes deporting immigrants, defunding “anti-German art” and teaching children less about the country’s Nazi past.
Merz told reporters in Berlin on Monday he was “deeply shocked” and “unsettled” by the results, which he said rippled through the rest of the country and the world. He added that it was impossible for Germany to “go back to business as usual” after so many voters in Saxony-Anhalt chose a party that “questions the democratic institutions in our country.”
The results dealt the CDU its “most severe defeat” in decades, conceded Merz, who leads the party once headed by former German Chancellor Angela Merkel.
Merz said that he was searching for answers to “why far-right populism and far-right extremism was able to rise in such a rapid manner,” suggesting that his party may have underestimated the “fears of our population” amid economic crises and rapid technological change. He said that minorities in Saxony-Anhalt would be particularly vulnerable under an AfD government, but noted that the state would still have obligations to follow federal law, including regarding immigration policy.
Merz also directed his message to the rest of Europe, saying that Germany had a “special responsibility because of its history” to keep its political order “deeply anchored in Europe.”
Despite the scale of the CDU’s defeat in Saxony-Anhalt, Merz ruled out stepping down, saying, “Giving up is not an option.”
Though Saxony-Anhalt is one of Germany’s smallest regions, home to some 1.7 million voters, its election results quickly sent shockwaves through other European countries whose leaders, like Merz, are fighting to fend off far-right, anti-immigrant parties in national elections next year.
French Europe Minister Benjamin Haddad called the AfD’s regional win a “grave moment in Europe” and said that “nationalism and xenophobia will never be a solution.”
“We cannot forget our history,” said Haddad, an ally of centrist President Emmanuel Macron. “That is the meaning of the choices made by France and Germany.”
France’s government faces its own fears of a right-wing populist wave. Marine Le Pen, the head of the far-right National Rally, has dwarfed all other candidates in polls heading into France’s presidential election in 2027, when term limits force Macron to step down.
Across the Channel, British Chief Secretary to the Treasury Emma Reynolds said in an interview on Times Radio that the U.K.’s Labour government “will not be reaching out to a right-wing populist party.” She added that she put the AfD in “the same political bracket” as Reform UK, the far-right party that surged in local elections earlier this year.
Polish Prime Minister Donald Tusk also condemned the AfD’s victory. The far-right party has alarmed Poland, Ukraine’s neighbor, with its pro-Russia stance, as it seeks to halt Germany’s military aid to Ukraine and sanctions against Russia.
“In Poland, only idiots or traitors can rejoice at the triumph of the AfD in Germany,” said Tusk.
Meanwhile, the AfD was cheered by nationalist, anti-immigration party leaders in Spain, Portugal and the Netherlands, all of whom have sought to capitalize on economic and social grievances similar to those that contributed to the AfD’s victory Sunday.
Santiago Abascal, the head of Spain’s far-right Vox party, called the result “a great hope for Germany and for Europe.”
André Ventura, the founder of Portugal’s far-right Chega party, said that “the Germans too are opening their eyes against illegal and uncontrolled immigration, corruption, and the capture of our freedom and identity.”
And in the Netherlands, the AfD received a “Congratulations” from the far-right Party for Freedom’s leader, Geert Wilders.
While President Donald Trump has yet to officially respond to the Saxony-Anhalt election, he posted a screenshot of the results without comment on his Truth Social account Sunday night.
Trump’s post was shared by Kirill Dmitriev, a Russian presidential envoy and businessman, who said the AfD scored a “historic win” that would “put migration under control.”
Elon Musk, the billionaire and former Trump adviser who campaigned for the AfD last year, gave his support to the national party leader Alice Weidel on X, which he owns, writing “Well done” in German.
Ulrich Siegmund, the AfD’s candidate in Saxony-Anhalt who hopes to become the state premier, responded by praising Musk.
“Thank you, @elonmusk, for your support and for your clear and highly important perspective on the political developments of our time — including here in Germany,” he wrote.
The post Far-right win in German regional race sends shockwaves through Europe appeared first on The Forward.
