Uncategorized
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.”
—
The post Eli Rosenbaum takes skills honed Nazi-hunting to investigating war crimes in Ukraine appeared first on Jewish Telegraphic Agency.
Uncategorized
Long Island town ordered to pay $19M after blocking Chabad synagogue construction
(JTA) — After nearly two decades of legal sparring, a town on Long Island has been ordered to pay a local Chabad center $19 million, settling claims that officials unlawfully blocked the construction of a synagogue on its rabbi’s property.
Rabbi Aaron Konikov and Lubavitch of Old Westbury sued the Village of Old Westbury in 2008, after the village passed a law in 2001 governing places of worship as Konikov sought to build a synagogue on his property.
Local officials enacted the law two years after Konikov planned a ceremony to announce a new building on the land where he already operates a synagogue. They decreed that houses of worship could be built only on plots of 12 acres or more. Konikov owns a 9-acre plot.
In October, U.S. District Judge Gary Brown ruled that the 2001 ordinance “unconstitutionally discriminates against the free exercise of religion and is therefore facially invalid.”
Old Westbury agreed to pay the plaintiffs in the suit $19 million as part of a consent decree, which was signed by Brown on March 18, Newsday reported this week.
“This consent decree may not be modified, changed or amended except in writing signed by each of the parties approved by the court,” Brown wrote. “Each party participated fully in the negotiation and drafting of the terms of this decree, and any ambiguity shall not be construed against any party.”
Kornikov did not respond to requests for comment on Monday. But he may soon be switching into construction mode for his long hoped-for synagogue, for which preliminary plans show a 20,875-square-foot building and an adjacent parking lot.
The $19 million payment will be made by the village’s insurance providers, and Lubavitch of Old Westbury has until Jan. 15, 2027, to apply for a special-use permit from the village to build a synagogue, according to Newsday.
The ruling marks a notable victory for emissaries of the Chabad-Lubavitch movement, who have often been met with legal challenges when establishing centers. Last July, the Village of Atlantic Beach in New York agreed to pay Chabad of the Beaches $950,000 to settle a legal battle over the construction of a new community center.
This article originally appeared on JTA.org.
The post Long Island town ordered to pay $19M after blocking Chabad synagogue construction appeared first on The Forward.
Uncategorized
Iran claims synagogue in Tehran was ‘completely destroyed’ by US-Israeli strike
(JTA) — Iranian state media claimed on Tuesday that a synagogue in Tehran was “completely destroyed” by a U.S.-Israeli strike.
The claim was impossible to verify. Footage of the alleged attack on the Rafi-Niya Synagogue posted online showed open Hebrew prayer books scattered among the rubble of a building.
The synagogue was damaged when a nearby residential building in Tehran was attacked, according to Iranian news agencies. The Rafi-Niya Synagogue is located near Palestine Square, an epicenter of the Iranian regime’s anti-Israel propaganda.
The United States and Israel have been bombing sites in Tehran for more than a month since launching a war on the Islamic Republic regime. Israel emphasized that it does not target religious sites.
Homayoun Sameyah Najafabadi, the only Jewish representative in Iran’s parliament, condemned the attack in a video published by Iran’s official IRIB News outlet.
“The Zionist regime showed no mercy towards this community during the Jewish holidays and attacked one of our ancient and holy synagogues,” Najafabadi said. “Unfortunately, during this attack, the synagogue building was completely destroyed, and Torah scrolls remain under the rubble.”
About 8,000 Jews live in Iran and worship in dozens of synagogues. The war has exacerbated their delicate position, as they are technically granted freedom of religion but face peril if they demonstrate any connection to Israel or dissent against their government. Hundreds of Iranian Jews who have applied for refugee status because of religious persecution are trapped in the country after the United States halted refugee admissions.
The alleged attack comes one day after the Israeli Ministry of Foreign Affairs posted footage of an undetonated missile on a street, writing that an “Iranian regime missile struck next to a mosque in Israel.”
“A regime that targets civilians and sacred spaces of all religions has no red lines,” the ministry wrote in a post on X. “Nothing is off limits for them.”
On Tuesday, the Israeli prime minister’s office issued a statement about the alleged damage to the Rafi-Niya synagogue. “Iran is firing missiles at civilians, Israel is striking terror infrastructure,” it said. “Missiles on civilians versus precision strikes on terror targets. That’s the difference.”
This article originally appeared on JTA.org.
The post Iran claims synagogue in Tehran was ‘completely destroyed’ by US-Israeli strike appeared first on The Forward.
Uncategorized
Attacker killed in gunfight outside closed Israeli consulate in Istanbul
(JTA) — One attacker was killed and two others injured in a gunfight with police outside the Israeli consulate in Istanbul on Tuesday morning.
The consulate has been largely closed since 2023, when the Oct. 7 attack on Israel and the subsequent war in Gaza escalated diplomatic tensions between Turkey and Israel.
Turkish authorities said they had identified the three attackers in the incident, in which two police officers were also lightly injured. The man who was killed, whom they identified as Yunus ES, had “connections with a terrorist organization that exploits religion,” the Ministry of the Interior announced. It did not identify the organization.
Turkish authorities also did not immediately tie the incident to the consulate, noting that a major bank and other businesses were located closer to the firefight. They said the attackers had driven to Istanbul from Izmit, about an hour and a half away, and had brought both long-barreled guns and pistols.
The U.S. Embassy in Turkey issued a security alert for the area and Israel’s Foreign Ministry condemned the attack, saying that it targeted the Israeli Consulate.
“We appreciate the Turkish security forces’ swift action in thwarting this attack,” the ministry said on X. “Israeli missions around the world have been subjected to countless threats and terrorist attacks. Terror will not deter us.”
The incident comes at a moment of high alert for Jewish and Israeli sites around the world, with terror threats escalated amid the U.S.-Israel war on Iran. Bombings have damaged several Jewish institutions in Europe, with the latest incident being an explosion outside a pro-Israel Christian center in Nijkerk, Netherlands, over the weekend.
This article originally appeared on JTA.org.
The post Attacker killed in gunfight outside closed Israeli consulate in Istanbul appeared first on The Forward.
