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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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A new book explores the vibrancy of pre-war Warsaw
The Last Woman of Warsaw
Judy Batalion
Dutton, 336 pages, $30
Don’t be misled by the title of this debut novel by Judy Batalion, nor by her previous book, The Light of Days, about the role of Polish-Jewish women in the anti-Nazi resistance.
Though the specter of the Holocaust looms over The Last Woman of Warsaw, the novel is not really Holocaust fiction. It does not portray a final female survivor of that embattled city. Its subject is instead the odd-couple friendship of two young Jewish women embroiled in the artistic and political ferment of pre-World War II Warsaw.
For Batalion, recreating the atmosphere and quotidian life of this cosmopolitan city, which once elicited comparisons to Paris, was a major aim. “In our contemporary minds, historical Warsaw conjures images of gray and death,” she writes in a lengthy author’s note. But that shouldn’t negate its more vibrant past. “Long before Vegas,” Batalion writes, “Warsaw was the capital of neons, its night skyline dotted with glittering cocktail glasses and chefs carrying platters of roasts. Much of this artistic production was Jewish.”
Even this brief excerpt shows that Batalion isn’t much of a prose stylist. But awkward locutions and diction mistakes aside — including the repeated use of “cache” when she means “cachet” — Batalion generally succeeds in immersing readers in Warsaw’s lively urban bustle and heated street politics. Here, skating on the edge of catastrophe, Polish Jews of varying ideologies and backgrounds face off against antisemitic persecution and violence.
Batalion’s handling of the historical backdrop is defter than her fledgling fictional technique. The narrative of The Last Woman of Warsaw is a plodding and repetitive affair that ultimately turns on an improbable coincidence.
The plot involves the sudden disappearance of a photography professor with communist ties and the halting efforts of the novel’s two protagonists to find and free her. The pair, whose initial antagonism mellows into friendship, are Fanny Zelshinsky, an upper-middle-class Warsaw University student, and Zosia Dror, who hails from a religious shtetl family. Her adopted surname references the Labor Zionist group that now claims her loyalty. Despite their differences, the two women have in common a desire to shake off the past and forge new lives. They also share an attraction to a single man, Abram, who can’t seem to decide between them.
When the story begins, Fanny is engaged to the perfectly nice, highly suitable Simon Brodasz, whom she’s known since her teenage years. Her mother is pushing the match. But Fanny is not in love and dreads the loss of freedom marriage entails. Her true passion is photography – in particular, fashion photography, to which she brings an idiosyncratic, modernist flair.
Zosia’s passion is political activism, and she aspires to a more prominent leadership role in Dror. Like Fanny, she is at odds with her mother, who is urging her to return to the shtetl for the festivities preceding her sister’s wedding.
What brings these women together is the arrest of the famous photographer Wanda Petrovsky, to whom both are connected. Wanda is one of Fanny’s professors, and Fanny needs her help to enter a potentially career-making exhibition. Wanda also happens to be a political activist, a leader of Zosia’s Zionist group, and Zosia hopes she’ll provide her with a visa for Palestine.
As Batalion’s narrative alternates between their perspectives, the antisemitic fervor in Warsaw mounts. Polish right-wing groups have started terrorizing Jews. Police invade clubs where Jewish comedians are mocking antisemitism. At Warsaw University, where Jewish students already have been subject to admissions quotas, the humiliation of being consigned to a “Jew bench” in class comes as a humiliating shock to Fanny.
Zosia, by contrast, has seen far worse. She and her family were victims of one of the murderous pogroms that periodically roiled the Polish countryside. She has been traumatized by the burning of her home, her father’s injuries and the refusal of her neighbors to offer refuge from the catastrophe.
In late 1930s Warsaw, Polish Jews are fighting back – with protests, hunger strikes and more. But what will any of this accomplish? Will Wanda attain her freedom, with or without the help of her protegees? Will Zosia and Fanny successfully defy their families and find meaningful lives? Which woman will Abram ultimately choose? And will any of this matter as both Poland and Polish Jewry hover on the brink of destruction?
Batalion answers these questions in an epilogue describing the fate of both women and of Fanny’s photographs, which eventually take a political turn, and in her author’s note. In the note, she reveals that all four of her own grandparents “spent their young adulthoods in interwar Warsaw.” That heritage helps account for her own passion: “to memorialize Warsaw’s golden age of creativity and the Jewish art and culture that, along with six million lives, was also decimated in the Holocaust.” A worthy endeavor, however clumsily executed.
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Mahmoud Khalil’s anti-Zionist case to Jews shows the case for skepticism
Mahmoud Khalil wants to reassure the Jewish community. In an extensive new interview with the Forward, the pro-Palestinian protest leader recognized “a Jewish connection” to Israel, and promised that a free Palestine would include safety and security for Jewish residents.
And yet I read the interview and felt a sense of alarm.
Not because Khalil seems insincere. I believe he means much of what he says. But rather because his attempts to instill confidence fall short in ways that illuminate exactly why so many Jews remain afraid and skeptical of the anti-Zionist movement.
Serious causes for serious concerns
Khalil describes himself as a pragmatist. In his activism, however, he envisions a utopia.
He is adamant that a two-state solution preserving a Jewish majority in Israel is a nonstarter. He argues, instead, for a democratic country — or multiple countries — across Israel, the West Bank and Gaza, with equal rights for all and the right of return for Palestinian refugees.
“I know it might sound like a very ideal utopia,” he told the Forward‘s Arno Rosenfeld, “but this is what we should aspire for.”
Khalil is concerned that Jewish fear is an obstacle to Palestinian liberation, and suggests that this fear is misplaced. “People think that we want to drive all Jews to the sea,” he said. “We don’t believe that.”
But history has long shown that Jewish safety without Jewish autonomy often proves conditional. In the ideal that Khalil advances, Israel would lose the self-determination that leads so many Jews to view it as a safe haven. My late grandfather, who was deported to a Siberian gulag by the Soviets from Lithuania — where about 90% of his fellow Jews were murdered by the Nazis — put it simply: Israel was a place where he felt his fate was in his own hands.
Nor is apprehension of anti-Zionism misplaced. Report after report has cataloged persistent harassment of Jews, threats of violence against Zionists, and invocations of antisemitic tropes within anti-Zionist movements. Yes, there are moderates, many of whom are driven by a commitment to a better future for Palestinians. But there are also extremists, and scenes on campuses and city streets around the world have shown that their tactics often prevail.
Adding to Jews’ sense of alarm are decades of violence within Israel — including the Second Intifada and Hamas’ Oct. 7, 2023 attack — and globally, including recent violence against American Jewish institutions. Jews are not scared because we misunderstand the aims of the anti-Zionist movement. We are scared for good reason.
Political abstractions
A genuine effort at reassurance would engage with that truth. Instead, Khalil dances around it, suggesting that the thing we’re worried about doesn’t actually exist. He says, for example, that the pro-Palestinian campus movement did a good job of keeping antisemitism at bay. It did not.
Even when it comes to the well-established facts of Hamas’ Oct. 7 massacre, he demurs: “I wouldn’t rule out that Hamas targeted civilians,” he said, “but I wouldn’t confirm it either.”
When referencing the excesses of pro-Palestinian campus protests, Khalil retreated into vague language. “There were maybe some bad actors,” he said. His denunciations of antisemitism remained safely generic: “some anti-Zionist actions may touch on antisemitism that we absolutely oppose.”
Who, exactly, is “we” here?
Political movements are not abstractions. They consist of real people doing real things. When excesses are common enough, they become characteristic. This is something I’ve long argued about the Israeli right as well. We cannot dismiss settler violence or anti-Palestinian abuses as fringe when they keep escalating and enjoy support from those in power.
It’s easy to say you oppose antisemitism or suffering by Palestinians, or that a utopian future is possible if we all look past our fear. It’s much harder to look within your political coalition and call out the specific negative acts your allies have committed — or acknowledge their very real consequences.
Denial and Oct. 7
Circle back to Khalil’s alarming equivocation about Oct. 7.
He frames the killings as civilians being “caught up” in violence, not targeted by it. Notice the evasive grammar: Khalil says “there were crimes committed” and Hamas has “a responsibility,” rather than “Hamas committed crimes.”
Khalil does explicitly say that he thinks Hamas is “not up to the Palestinian aspiration for liberation” and that he “doesn’t believe in political Islam.” But for someone so attuned to the language of liberation and justice, he is remarkably comfortable with passive voice when it comes to Hamas carrying out horrific murders on Oct. 7.
As I’ve previously written, the evidentiary record is overwhelming. Amnesty International and Human Rights Watch, organizations critical of Israel, independently concluded that Hamas deliberately and systematically targeted civilians. In one intercepted call, a Hamas terrorist bragged to his parents, “Look how many I killed with my own hands! Your son killed Jews!”
Neutrality on established facts is no different than denialism. If you are trying to reassure Jews but can’t acknowledge that Hamas killed Jews as such, any reassurance you have to offer will ring hollow.
A practical peace
Khalil says he is opposed to any violence against civilians but cannot dictate what Palestinians who experience Israeli human rights abuses should do. He says he understands why Palestinians turn to resistance, even violence, in the face of oppression.
But if you say you understand why decades of oppression push Palestinians toward resistance, then you should also understand why decades of terrorism push Israelis toward aggressive security measures, including ones that harm Palestinian civilians. If every act is merely a justified reaction to a prior act, we will end up in a world in which it’s too easy to argue that all violence is legitimate, rather than none of it.
The deep culture of mutual suspicion that this painful history has bred may be the biggest obstacle to Khalil’s utopian vision.
I share Khalil’s aspirations for peace. But Israelis, even most liberals, leftists and the millions who have protested the right-wing government, say they won’t accept a one-state solution. One 2025 poll by The Institute for National Security Studies, an independent think tank affiliated with Tel Aviv University, found that only 4% of all Israelis, and 1% of Israeli Jews, prefer a one-state solution with equal rights. Palestinians, too, are skeptical of a single state with equal rights.
At the same time, many Israelis oppose a two-state solution. So do many Palestinians. The people who live in the region hold complicated and often contradictory ideas of the path forward, and Khalil does not necessarily speak on their behalf.
Any anti-Zionist looking to reassure Jews needs to, at minimum, acknowledge that Hamas killed civilians deliberately, because they were Jews; condemn specific instances of antisemitism rather than just the concept in the abstract; and ask why Jews are scared right now, rather than telling us we shouldn’t be.
Yet Khalil’s reticence to be honest about his own movement’s flaws is a mirror of our own. Supporters of Israel have long been reluctant to name the failures of the Israeli right and to reckon with how settlements and the occupation harm Palestinians.
Khalil recounts being born in the Palestinian refugee camp Khan Eshieh in Syria, and raised on stories of his grandparents’ expulsion from a village near Tiberias. He was shot by an Israeli soldier when he was just 16. His effort to nevertheless engage with Israeli perspectives, like by reading Ari Shavit, is admirable. Jews should similarly listen to Palestinian perspectives and sit with Palestinian stories, including Khalil’s and those of Palestinians living today in the West Bank and Gaza.
The only way for any of us to build a durable political movement is to be exactingly honest about the ways in which we have, so far, failed, and to ask others with open ears: Why are you so scared?
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Mahmoud Khalil’s reassurances are bad for Jews but even worse for Palestinians
In his recent interview with the Forward, prominent Palestinian activist Mahmoud Khalil attempted to address claims that he’s an antisemite, that he supports Hamas, and that as a leader of Columbia’s anti-Israel encampments he helped foster hostility towards Jewish students and Jews generally.
Khalil says he’s offended by such claims, but by refusing to say whether Hamas deliberately targeted civilians on Oct. 7, confirmed by both Amnesty International and Human Rights Watch, how is he not providing coverage for Hamas?
The Forward attempts to present Khalil as a pragmatic moderate. But someone who can’t confirm what human rights investigators documented about the worst massacre of Jews since the Holocaust is not offering any real reassurances. Instead, he is only offering a performance.
An even deeper problem with Khalil is not what it means for Jews, but what it does to Palestinians. I say this as someone who has spent time in places where the gap between rhetoric and reality gets people killed.
In 2004, I was a young Marine officer building one of the first successful Iraqi military units in Iraq’s restive Al Anbar Province. My soldiers were mostly Shia, and many bore marks of torture from Saddam Hussein’s prisons, including scars and missing fingers.
One evening, I was watching the news with my Iraqi officers. We watched reports of Israeli tanks pushing into Gaza. I braced for anger and protests and was shocked when they started cheering for the Israelis. One of them quickly explained to me that Saddam had used the Palestinian cause to distract from his own atrocities at home. His support and alliance with Yasser Arafat and other Palestinian leaders was not out of solidarity, but rather as a tool of domestic control. My Iraqi soldiers had paid the price.
After leaving the Marines I visited Lebanon and Jordan, while working to help many of our translators we had left behind. During these visits, I walked through Sabra and Shatila, where Lebanese militias massacred hundreds, possibly thousands, of Palestinian civilians in 1982. I visited refugee camps in Jordan, not tents but cities, brick and mortar, generations deep, people suspended in political amber while the leaders who claimed to speak for them extracted whatever use they could.
During these visits, it was hard not to conclude that Palestinian suffering had been prolonged not only by Israel, but by a regional order that finds Palestinian statelessness useful. Khalil’s vision fits that order perfectly. It offers Palestinians justice in theory, but in reality only guaranteeing them decades of more suffering and tragedy. The people who benefit are not Palestinians in Gaza, but those who have built careers on book deals, speaking fees and endowed chairs on a cause they have no interest in resolving.
The brutal, tragic, and awful reality is that there is not a nation-state on Earth, maybe other than Iceland, that was not created through conflict and displacement. Throughout the Americas, it was the catastrophe that befell indigenous peoples, swept aside by European settlers over centuries of conquest and disease. Most of Western Europe’s borders hardened through revolution and the violent suppression of regional identities. Poland was erased from the map for a hundred years, then reconstituted after two world wars through mass population transfers that uprooted millions. The partition of India and Pakistan in 1947 displaced 15 million people and killed up to two million more. China’s borders were drawn through civil war, revolution, and the subjugation of non-Han peoples.
Every post-Ottoman Arab state, Jordan, Syria, Lebanon, Iraq, was created by European colonial powers drawing lines through tribal and sectarian areas with indifference to the consequences that are still felt today. The entire modern state system is built on this foundation: land taken, people moved, suffering endured, and eventually, when both sides accepted finality, a durable peace.
Either Khalil believes every nation-state on Earth should be dismantled, or he is applying a standard that exists for Jews and Jews alone. The entire Arab world spans 13 million square kilometers and nearly half a billion people. Israel barely covers 22,000 square kilometers and is home to only 7 million Jews. Khalil doesn’t call for the dissolution of Jordan, doesn’t demand China answer for Tibet, or push for the right of return for millions of Hindus and Muslims displaced by the partition of India and Pakistan. He saves that demand for the one Jewish state on Earth, a nation smaller than New Jersey, surrounded by a region that has tried to destroy its people repeatedly. This is antisemitism through the vocabulary of liberation.
Look at where peace has actually come from. Northern Ireland’s Troubles killed thousands over 30 years, a conflict soaked in ancient grievance, religious identity, and competing claims to land and sovereignty that each side considered non-negotiable. It ended not when one side achieved its maximal demands, but when the Good Friday Agreement gave both communities something short of victory and something better than war. Unionists did not get the permanent British Ulster they wanted. Republicans did not get the unified Ireland they had fought and died for. They got a future. In the Balkans, a decade of wars that produced ethnic cleansing, mass atrocity, and the worst European violence since World War II finally yielded to exhaustion and the hard work of partition and negotiated borders. The map that emerged was not just. It was livable. That distinction, between justice as an absolute and peace as a possibility, is the one Khalil refuses to make.
Khalil’s vision has been tried, in different forms and different names, for 70 years. It has not produced peace. It has produced more of exactly what he says he wants to end.
The only path forward is the one he refuses: two peoples, two states, a future neither side fully wants, but both can live with. Everything else is a jobs program for people who profit from the conflict, paid for in Palestinian lives.
His reassurances are hollow to Jews. They are fatal to Palestinians.
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