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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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Mamdani more popular than Netanyahu among U.S. Jews, new poll shows
New York City Mayor Zohran Mamdani, whose outspoken criticism of Israel has made him a frequent target of Jewish and pro-Israel advocates, is viewed more favorably by American Jews than Israeli Prime Minister Benjamin Netanyahu, according to a new poll released Tuesday.
The Associated Press-NORC Center for Public Affairs Research survey of 1,022 Jewish adults nationwide, conducted from June 11 through June 17, found that 44% of American Jews hold a favorable opinion of Zohran Mamdani, compared with 39% who view him unfavorably. By contrast, just 32% of respondents said they have a favorable opinion of Netanyahu, while 59% said they have a negative view of the longtime Israeli leader
The poll suggests that Mamdani’s positions on Israel have not prevented him from maintaining a net-positive image among American Jews overall.
Mamdani won just 26% of the Jewish vote in last year’s mayoral election. Since taking office, he has faced scrutiny from Jewish leaders and Zionist organizations over his sharp criticism of Israel and embrace of Palestinian activism that is shaping his tenure as leader of the city with the largest population of Jews outside Israel. Mamdani refused to recognize Israel as a Jewish state and said he wouldn’t travel to the country. He has also pledged to order the arrest of Netanyahu if he visits the city on his watch, complying with an ICC arrest warrant. That will be tested in September when Netanyahu arrives to speak at the United Nations General Assembly.
Recently, the mayor skipped the annual Israel Day parade, where participation is a longstanding tradition for New York City leaders, and he also called for divestment from Israel’s economy. In congressional races in New York City, Mamdani actively campaigned for candidates who made inflammatory statements on Israel.
Netanyahu, who has been in office since 2009 except for an 18-month hiatus from 2021 to 2022, has seen his standing with Americans erode in recent years despite longstanding ties to the United States. He spent part of his childhood in the Philadelphia area, attended college in Boston and served as Israel’s ambassador to the United Nations in the 1980s. Netanyahu has often spoken directly to American audiences, giving frequent interviews to U.S. television networks more often than he has spoken to Israeli media.
The AP survey, which had a reported margin of error of plus or minus 5 percentage points, also found that American Jews are increasingly critical of the Israeli government’s conduct in the Gaza war and its handling of the Israeli-Palestinian conflict.
While a majority of American Jews — 73% — said Israel’s initial military response to the Oct. 7, 2023, Hamas attack was justified, just 42% said they supported the continued military operations in Gaza through last year’s ceasefire. The survey also found that, similar to the broader American public, 30% of American Jews believe Israel has committed genocide in Gaza.
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After Platner’s collapse, Jewish Democrats say party can’t ignore candidates’ red flags
The collapse of Maine Senate candidate Graham Platner’s campaign in the wake of rape allegations is prompting Jewish Democrats to assess what they see as lessons about the perils of piling on to support untested candidates who are winning voter support by targeting the Democratic establishment as too supportive of Israel.
Platner’s candidacy had already exposed deep divisions within the Democratic Party before a former girlfriend accused him of sexual assault while drunk — allegations he denies but that have fueled calls for him to drop out of the race.
For some, the latest allegations are a decisive breaking point after months of controversy surrounding Platner, a Marine veteran and oyster farmer whose tattoo resembling the Nazi-era Totenkopf insignia and sharp criticism of Israel have alarmed some Jewish groups.
Halie Soifer, chief executive of the Jewish Democratic Council of America, said the episode reinforces why her organization declined to endorse Platner, even after Gov. Janet Mills suspended her primary campaign and he became the presumptive nominee to challenge incumbent Republican Sen. Susan Collins.
“I think a lesson for Democrats is that we shouldn’t compromise,” Soifer said. “There were red flags about Platner from the outset. They just continued to compound on each other as more stories came out. But the Nazi tattoo for us alone was one too many.”
Changing minds
The breadth of calls for Platner to step aside intensified on Tuesday after a former girlfriend accused him of drunken rape.
Chief among them was Sen. Bernie Sanders of Vermont, who had been one of Platner’s earliest supporters and appeared with him at campaign rallies. The Maine Democratic Party urged Platner to withdraw as its Senate nominee, saying Democrats must “refocus this campaign” on defeating Collins.
The race has national significance — considered one of the party’s best opportunities to flip a Republican-held seat as Democrats seek to regain the Senate majority. Platner has until Monday to withdraw from the race and avoid appearing on the ballot, allowing Democrats to nominate a replacement before the July 27 ballot deadline.
New York City Mayor Zohran Mamdani, whose criticism of Israel and progressive politics align with Platner’s worldview, also called on Platner to quit. Platner’s campaign was advised by Morris Katz, the strategist credited with helping engineer Mamdani’s victories in New York City’s June Democratic primaries.
Some progressive politicians calling for Platner to drop out raised the Totenkopf skull-and-crossbones tattoo as an early sign he never should have run.
“Sorry to the well-intentioned people who made the mistake of supporting this guy,” New York State Sen. Julia Salazar, a democratic socialist, posted on X. “But: having a Nazi tattoo doesn’t pass the sniff test for running for US Senate, nor did his excuses. And far worse that he faces a credible allegation of rape.”
Yet not everyone believes the earlier controversies should have disqualified Platner.
Steve Sheffey, a longtime Chicago Democratic activist who writes an influential insider political newsletter, said he believed Platner had adequately addressed questions surrounding his tattoo — which he has since covered up — and prior Reddit posts. But the latest accusation “is a deal breaker,” he said.
“He’s not antisemitic,” Sheffey said. “But he is credibly accused of sexual assault, and that’s unacceptable.” The calls for his withdrawal, he added, show that Democrats haven’t lost their compass.
Others who had previously defended Platner have reached similar conclusions.
New York Times columnist Michelle Goldberg, who had written favorably about Platner after meeting him on the campaign trail, reversed course on Monday.
“I deeply regret that, impressed by Platner’s political charisma, I wrote that he was ‘nothing like the edgelord caricature I encountered online,’” Goldberg wrote. “If anything, he seems to be significantly worse.”
The path forward
Maine Democrats are now racing to prepare contingency plans should Platner step aside, hoping to salvage one of their best opportunities in the midterms. Platner reportedly told campaign staff Monday he believes he can still influence who replaces him on the ticket.
Possible successors being discussed include former state Senate President Troy Jackson, former gubernatorial candidate Nirav Shah and Secretary of State Shenna Bellows. Shah said Monday that he opposes sending U.S. aid to Israel and believes Israel’s conduct in Gaza amounts to genocide.
For Jewish Democratic leaders, the moment has reopened a debate that began months ago, when many questioned whether the party should rally behind a nominee whose campaign had already generated repeated controversies. Soifer said she hopes that the next candidate selected will be one that everyone can get behind.
“A candidate must align with the Jewish community in terms of prioritizing its security and safety, recognize Israel’s right to exist as a Jewish and democratic state, and support the U.S.-Israel security relationship,” Soifer said about JDCA’s broader approach to endorsements. “JDCA only supports Democrats, but we do not support all Democrats.”
The post After Platner’s collapse, Jewish Democrats say party can’t ignore candidates’ red flags appeared first on The Forward.
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Jewish groups protest former California mayor appointed to lead local Rotary Club
A former California mayor who began posting conspiracy-tinged anti-Israel messages on her social media shortly after she left office has been tapped as a local goodwill ambassador in Orange County, infuriating Jewish residents who say their concerns about her appointment have been ignored.
Former Irvine Mayor Farrah Khan’s installation as president of the Rotary Club of Orange County L.A. last month came over the objections of the Jewish Federation of Orange County and other Jewish advocacy groups, including the regional chapter of the Anti-Defamation League, the Jewish Community Action Network (JCAN) and the local Israeli American Council.
Over the last 18 months, these groups say, Khan has spread unverified claims about the war in Gaza, making her a questionable choice to lead a public service-oriented club purportedly dedicated to promoting peace.
“This is somebody who’s a public figure who’s using a quasi-public account to spread blood libels,” said Julie Heiman, JCAN’s director of policy, legal and government affairs. “And a civil society organization, the purpose of which is to build goodwill, is kind of blessing this.”
Neither the Rotary International organization nor the Rotary Club of Orange County Los Angeles responded to inquiries. But Craig Livingston, governor of the Rotary Club district that includes the Orange County chapter, told the Forward in a statement that he did not have the power to make decisions regarding a club’s members or its leadership.
When Heiman initially raised the Jewish community’s concerns about Khan’s nomination, he discussed them with the club’s leadership, “including the potential implications for the club’s and Rotary’s public image should the matter receive broader public attention.” He added that the Rotary “values diversity and celebrates the contributions of people of all backgrounds.”
But critics say Khan — a Democrat and the first Muslim woman elected mayor of a large American city, in 2020 — does not reflect those values in her social media posts about Israel andw instead cross into antisemitism.
In one Facebook post, Khan responded to a report that Israel had bombed an Iranian girls’ school by writing that “the sick pedophiles/cannibals are doing what they do best.” Jewish groups said she was invoking antisemitic canards. Khan later clarified that she was referring to Israeli government officials and the military, not the general public, but Jewish groups were not satisfied with that response.
“It’s a proxy for saying ‘Jew,’” Heiman said. “Most of our community supports Israel, and therefore I think to the public writ large, if they’re reading that Israelis are cannibals and pedophiles, and then they see the Jewish community here flying an Israeli flag, saying we support our ethnic homeland, then we must be evil too.”
Other posts spread rumors and disinformation about the war in Gaza, including that handcuffed babies were found in a mass grave.
In another Facebook post, Khan wrote “the elite were caught with evidence worshipping evil, eating humans, engaging in rape and pedophilia…” but that “we continue to watch their movies, listen to their music, consume their products.”
Rotary International, founded in the early 20th century as a non-religious, nonpartisan service organization, has as its stated mission the promotion of service, integrity and peace. Its 45,000 clubs tend to fundraise for and organize volunteer projects around the world and in regular meetings host speakers, organize classes, promote volunteering and hold networking events.
Its credo is called the “Four Way Test”: truth, fairness, goodwill and general benefit.
When Jewish groups initially raised their concerns June 22, they wrote to the chapter’s past two presidents, Jenny Wang and Beth Fujishige, as well as Livingston, asking them to review whether Khan’s conduct aligned with the Rotarian Code of Conduct and the Four Way Test.
Wang and Fujishige did not respond to Heiman or to the Forward. Livingston told Heiman that he had consulted with Rotary International leadership, which told him the organization did not have policies governing what individuals say on their personal social media accounts when they’re not serving in a Rotary capacity.
Heiman said their choice to elevate someone who trafficked in antisemitic statements mattered because it at best normalized the behavior — at worst, it represented tacit approval. Rotary Club bylaws enable clubs to terminate membership “for good cause when they cease to have the qualifications for membership.”
“We have to be able to push this back into the dark corners where it belongs,” Heiman said. “We need for decent people to be willing to stand up and say this isn’t OK. I would have expected Rotary to be the front line of that, and it’s very scary to me that Rotary just is going along with this as if it were acceptable.”
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