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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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Apartheid Week Exposed: Combating a Vicious Anti-Israel Lie on Campus
An “Apartheid Wall” erected by Harvard University’s Palestine Solidarity Committee. Photo: X/Twitter
On a sundrenched corner of coastline, a light breeze dances across the blue waves. But what seems pleasant at the surface, ideal even, is hardly the full story. To the side, a metal sign reads: “Under Section 37 of the Durban Beach by-laws, this bathing area is reserved for the sole use of members of the white race group.” The city is Durban, the third-most populous city in South Africa, and this scene was commonplace under its erstwhile apartheid regime. “Apartheid,” Afrikaans for “separateness,” was a brutal system of legally enforced racial segregation that dominated Africa’s southernmost nation until being finally abolished in 1994.
But what does this faraway land have in common with Israel? According to the anti-Zionist movement, a heck of a lot. To compare this former regime to the anti-Zionists’ warped version of the Jewish State, they even hold an annual ritual of “Israel Apartheid Week” (IAW) in protest of the latter’s continued existence. This canard is being legitimized at the very top, with California Governor and presidential hopeful Gavin Newsom recently going so far as to assert that many observers are “appropriately” describing Israel as an “apartheid state.” What was once a fringe preserve of college radicals is now being increasingly indulged by the mainstream.
In reality, aside from those sunny beach fronts, Israel has precisely nothing in common with the racist regime that stained South African society for far too long. Under Israeli law, racial discrimination is illegal, and previous surveys suggest that 80 percent of Arab citizens prefer living there than anywhere else. Arab-focused political parties are elected to Israel’s parliament, the Knesset, and people of all backgrounds hold prominent roles across all sectors. Israeli Christians, the majority of whom are Arab, are an upwardly mobile minority over-represented across law and computer science subjects.
Such facts would not have been simply unlikely in apartheid South Africa, but completely out of the question. Non-white South Africans could not even legally sip coffee in the same cafe as their Caucasian compatriots, never mind hope to seek employment or excellence in the same fields or pursue friendship or relationships.
When confronted, Israel’s detractors dismiss these facts, which disprove their apartheid slur, as “strawman” arguments, and move to claim instead that military courts, checkpoints, building restrictions, administrative detention, or alleged “Jewish-only roads” are evidence of “apartheid.”
The allegations are false — Israelis of all religions share the same roads — or at best specious. Where residents under the Palestinian Authority are prevented from roads used by Israeli Jews and Arabs, it relates to jurisdiction and security responsibility, not race or religion. During the Second Intifada, roads were repeatedly used for ambushes, drive-by shootings, and roadside bomb attacks targeting Israeli civilians: Jewish, Arab, Muslim, Christian, Druze, or otherwise. Security restrictions were introduced to separate civilian traffic from known attack corridors, which significantly reduced the frequency of attacks. Checkpoints and military courts, too, arise from an unresolved territorial conflict and ongoing security concerns, not a policy of racialized segregation.
This organized intellectual assault on Israel’s existence is nothing new. “Apartheid Week” was launched in 2005 and has been an outlet for misinformation and lies ever since. While the Boycott, Divestment, and Sanctions (BDS) movement that aids it brands itself as “grassroots,” it enjoys swathes of establishment backing. NGO Monitor has exposed how various governments, the European Union, and anti-Zionist groups like the New Israel Fund routinely help pay for and publicize groups responsible for such campaigns on campus and beyond. It is therefore up to the rest of us to put up a veritable opposition to their tempting babble.
Naturally, there will always be a core of hardline activists unwilling to interrogate their own prejudices, but plenty of ordinary students have simply never heard another side to the story. Many young people also feel intense social pressure to accept flawed anti-Zionist talking points. Giving such students the space to hear a new perspective can help them interrogate and form their views in a more constructive environment. This is what the Committee for Accuracy in Middle East Reporting and Analysis (CAMERA)’s sixth annual “Apartheid Week Exposed” campaign, and our work all year-round, seeks to encourage at this critical juncture.
This week, our campus program will partner with “Israel-is” to host a campus speaking and tabling tour across Florida and California. The program will feature two speakers with firsthand perspectives on the Middle East. In Florida we will host Neriya Kfir, an Israeli Oct. 7 survivor and former IDF soldier, and Padideh Daneshzad-Moghaddam, an Iranian speaker who grew up under the Islamic Republic and will share insights into her life in her home country and the aspirations many Iranians have for freedom. Then in the Golden State, Staff Sergeant Dean Cohen and Farriba, an activist born in Mashhad, northeast Iran, will take the reins.
We have already, and will continue, to hold similar educational events with students across the US and around the world. We are also providing students with helpful myth-busters on Israel and the Middle East, offering them the factual grounding to help them navigate what may feel like a lonely university experience.
We seek to elevate voices that you are not likely to hear on campus. IAW and its allies routinely celebrate the tyrannical theocrats responsible for massacring peaceful protestors, abusing women, and organizing terror around the world, atrocities they both bizarrely celebrate and continue to deny. IAW activists seemingly place little value on any human life deemed to get in the way of their anti-Israel aims. This year, and in previous ones, various campus groups are using IAW to rally for the release of Marwan Barghouti from Israeli prison. In 2004, he was convicted on five counts of murder for the deaths of four Israelis and a Greek Orthodox monk.
Students in America and beyond — Jewish, Muslim, Christian, or otherwise — deserve a better future. One in which constructive dialogue replaces name-calling and intimidation. Administrators, for their part, should also make clear that the university does not endorse the claims made during these partisan campaigns and should enforce standards of conduct when activism crosses into harassment or violence. It is certainly a big ask, but we can only hope for such a change if we help to build it.
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Suspect in Michigan synagogue attack identified as Ayman Ghazali, an immigrant from Lebanon
(JTA) — The Department of Homeland Security has identified the man killed while attacking a suburban Detroit synagogue as Ayman Mohamad Ghazali, a U.S. citizen who immigrated from Lebanon 15 years ago.
Ghazali, 41, was a resident of Dearborn Heights, Michigan, according to its mayor, Mo Baydoun. Baydoun said in a statement that members of Ghazali’s family, including his niece and nephew, had recently been killed “in an Israeli attack on their home in Lebanon.”
Ghazali was shot by security after driving an explosives-laden truck into Temple Israel in West Bloomfield, a heavily Jewish suburb about 20 miles north of his home.
DHS said Ghazali had entered the United States in 2011 on a visa meant for the foreign-born spouses of American citizens. He became a U.S. citizen in 2016 after applying for naturalization in 2015.
Ghazali worked at a popular restaurant in Dearborn Heights, Hamido, but had been absent in recent weeks, fellow employees told The New York Times. Coworkers and a neighbor praised him to the Detroit Free Press, with the neighbor saying she had planned to bring him flowers because his brother had died.
Law enforcement officials in Michigan said they were still investigating Ghazali’s motive. But reports on social media tied him to four people with the last name Ghazali, including a young boy and girl, who a Lebanese news outlet reported were killed on March 5 in Mashghara, Lebanon. Al Jazeera reported at the time that the family was killed in an “Israeli army raid on a house.” The raid took place three days after the Israeli army urged residents of Mashghara, a Hezbollah stronghold, to evacuate buildings used by Hezbollah.
Israel has long battled Hezbollah, an Iranian proxy in Lebanon, in a conflict that has escalated this month after Hezbollah resumed firing on Israel after Israel and the United States attacked Iran. The Lebanese government said on Thursday that 98 children were among the nearly 700 people killed since March 2. Israel says it is targeting Hezbollah strongholds, including in densely packed Beirut.
A recent poll of “connected” American Jews — those affiliated with synagogues and Jewish organizations — found that while the majority supported the war, most also believed it would increase antisemitism and anti-Israel sentiment in the United States.
Officials identified the perpetrator of a second incident on Thursday, a shooting at Old Dominion University in Virginia that killed a member of the ROTC army corps, as Mohamed Bailor Jalloh, a naturalized citizen who previously spent more than seven years in prison after being convicted of attempting to provide aid to the Islamic State terrorist group.
Authorities in Norway, meanwhile, said they had determined that two men whose behavior had ignited a major police response outside a Trondheim synagogue on Thursday posed no threat.
The post Suspect in Michigan synagogue attack identified as Ayman Ghazali, an immigrant from Lebanon appeared first on The Forward.
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A gunman attacked a Michigan synagogue. Here’s what happens to the community next
On Thursday, a driver rammed his pickup truck into Temple Israel in West Bloomfield Hills, Mich., a large Reform Temple about 25 miles from downtown Detroit. Blessedly, there were no casualties besides the shooter, whom security guards rapidly engaged. One guard was injured. Aside from that, everyone who was inside the synagogue, including 140 children attending school there, was unscathed.
“There’s hopeful news and there’s sad news about the aftermaths of these shootings,” said Mark Oppenheimer, author of Squirrel Hill: The Tree of Life Synagogue Shooting and the Soul of a Neighborhood, a methodical, lyrical look at what happened to the Pittsburgh neighborhood shattered by the Oct. 27, 2018 shooting that left 11 people dead.
The hopeful news is that older, established Jewish communities can rely on close, long-established bonds within and outside the community to get them through.
The sad news is that people unaffected by the shooting tend to move on and forget.
“So whereas this will haunt the Jewish community for years,” Oppenheimer told me in a phone interview, “most people outside the Jewish community will quickly move on to whatever the next horrible incident is.”
What happens next
Authorities have not confirmed the attacker’s motive, although he has been identified as a Michigan man who was born in Lebanon. But among all the unknowns, we do know a few things for certain.
We know that a great tragedy was averted due to the guards’ bravery and expertise, and due to the planning and preparation of synagogue leadership.
We know such attacks have gone from being extremely rare in the United States, to being more frequent.
And we know that what happens now, in the aftermath, matters a great deal.
That’s why, in writing about the worst mass shooting in American Jewish history, Oppenheimer spent most of his time researching what came after the atrocity.
“When the cameras and the police tape were gone, what stayed behind?”Oppenheimer, who teaches at Washington University’s John C. Danforth Center on Religion and Politics, wrote in the book’s introduction.
The power of connection
Both the Tree of Life synagogue and Temple Israel are older, deeply entrenched congregations with close ties to a number of local communities — Jewish and non-Jewish alike.
In one chapter of Squirrel Hill titled, simply, “Gentiles,” Oppenheimer chronicles how non-Jews came to the aid of the stricken congregation, including clergy, politicians and neighbors.
Emblematic of that was the capacity crowd of 2,500 people that came together at Soldiers and Sailors auditorium on the one-year anniversary of the shooting, where law enforcement, politicians and Christian, Muslim and Jewish clergy all spoke.
“There are usually people in government, in community organizations, in neighborhood organizations, who reach out, who want the Jews to know that they’re not alone,” said Oppenheimer.
Evidence of such connection was already on show in Michigan on Thursday. One reporter interviewed a woman praying outside the synagogue, who said, through tears, that the “Holy Spirit” had told her to turn her car around once she saw police cars racing past her to the scene, and go lend support.
In Pittsburgh, the 2018 shooting was also a time for the Jewish community itself to come together.
Squirrel Hill’s close-knit Jewish community crossed denominational divides to show support. An Orthodox rabbi organized a spreadsheet to manage the 24-hour vigils Jewish law prescribes over the bodies of the dead prior to burial.
“In Squirrel Hill, one of the nice things is there is a lot of community and solidarity across denominational lines and levels of observance,” said Oppenheimer, “and that’s pretty rare in American Judaism. It’ll be interesting to see how that plays out in Detroit.”
A new reality
Iin recent years, the need for solidarity and resilience in the face of such attacks has become, unfortunately, more apparent.
When Oppenheimer wrote his book, he was able to state the shooting was “a unique event” in American history. It’s true that until the Tree of Life massacre, antisemitic violence had claimed just 26 lives in U.S. history. The U.S., more than any Western country, and far more than Israel itself, had truly been a safe haven for Jews.
Since Squirrel Hill, six more people have died in four attacks. The previously well-earned sense of safety has been shattered.
“While the odds that any given Jew will be attacked remain quite low, it is obviously pretty terrifying,” said Oppenheimer.
Some critics of the national focus that fell on Squirrel Hill after the Tree of Life shooting argued that the tragedy got far more attention than similar mass shootings that had befallen non-Jewish communities.
But it’s the very rarity of these attacks that makes them so shocking and, at least for American Jews, so memorable.
In this new normal, it’s even more important for Jews to form strong, mutually supportive bonds among themselves, and with others.
And the world moves on
Those bonds are especially crucial because while the victims of violence don’t soon forget and move on, the world does.
“It’s a short burst of solidarity, and then people leave. Understandably so,” Oppenheimer said.
I suspect that even though prayers of gratitude and deliverance will echo through the sanctuaries of Detroit — and in Jewish hearts everywhere — the attack will haunt its intended victims long after the police tape comes down.
What will make the difference in how the community faces those fears and moves forward is the amount of support it receives from those outside it. If the broader Bloomfield and Detroit community refuses to forget this awful incident, it will change the course of healing.
I asked Oppenheimer what lesson he learned from the Tree of Life aftermath could apply to Temple Israel.
“In Pittsburgh, there was a long history of people showing up for each other,” he said Oppenheimer. “The relationships, or lack of relationships, that exist become more noticeable when something goes wrong.”
“Where there are strong ties before a shooting, there are strong ties afterwards.”
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