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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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How a law used to protect synagogues is now being deployed against ICE protesters and journalists
After a pro-Palestinian protest at a New Jersey synagogue turned violent in October, the Trump administration took an unusual step — using a federal law typically aimed at protecting abortion clinics to sue the demonstrators.
Now, federal authorities are attempting to deploy the same law against journalists as well as protesters against Immigration and Customs Enforcement amid the agency’s at times violent crackdown in Minneapolis.
Former CNN anchor Don Lemon, a local journalist, and two protesters were arrested after attending a Jan. 18 anti-ICE protest at a church in St. Paul, Minnesota, Justice Department officials said Friday. Protesters alleged the pastor at Cities Church worked for ICE.
The federal law they are accused of violating, the Freedom of Access to Clinic Entrances Act, or FACE, prohibits the use of force or intimidation to interfere with reproductive health care clinics and houses of worship.
But in the three decades since its passage in 1994, the law had almost entirely been deployed against anti-abortion protesters causing disruptions at clinics.
That changed in September of last year, when the Trump administration cited the FACE Act to sue pro-Palestinian demonstrators at Congregation Ohr Torah in West Orange, New Jersey.
It was the first time the Department of Justice had used the law against demonstrators outside a house of worship, Harmeet Dhillon, an assistant attorney general for the department’s civil rights division, said at the time.
The novel legal strategy — initially advanced by Jewish advocacy groups to fight antisemitism — is now front and center in what First Amendment advocates are describing as an attack on freedom of the press.
“I intend to identify and find every single person in that mob that interrupted that church service in that house of God and bring them to justice,” Dhillon told Newsmax last week. “And that includes so-called ‘journalists.’”
How the law has been used
The FACE Act has traditionally been used to prosecute protesters who interfere with patients entering abortion clinics. Conservative activists have long criticized the law as violating demonstrators’ First Amendment rights, and the Trump administration even issued a memo earlier this month saying the Justice Department should limit enforcement of the law.
But in September, the Trump administration applied the FACE Act in a new way: suing the New Jersey protesters at Congregation Ohr Torah.
They had disrupted an event at the Orthodox shul that promoted real estate sales in Israel and the West Bank, blowing plastic horns in people’s ears and chanting “globalize the intifada,” a complaint alleges.
Two pro-Israel demonstrators were charged by local law enforcement with aggravated assault, including a local dentist, Moshe Glick, who police said bashed a protester in the head with a metal flashlight, sending him to the hospital. Glick said he had acted in self defense, protecting a fellow congregant who had been tackled by a protester.
The event soon became a national flashpoint, with Glick’s lawyer alleging the prosecution had been “an attempt to criminalize Jewish self-defense.” Former New Jersey Gov. Phil Murphy pardoned Glick earlier this month.
The Trump administration sued the pro-Palestinian protesters under the FACE Act, seeking to ban them from protesting outside houses of worship and asking that they each pay thousands of dollars in fines.
At the time, Nathan Diament, executive director of the Orthodox Union Advocacy Center, told JNS he applauded the Trump administration “for bringing this suit to protect the Jewish community and all people of faith, who have the constitutional right to worship without fear of harassment.”
Diament did not respond to the Forward’s email asking whether he supported the use of the FACE Act against the Minneapolis journalists and protesters.
Mark Goldfeder, CEO of the National Jewish Advocacy Center, a pro-Israel group that says it uses legal tools to counter antisemitism, did not express concern over the use of the FACE Act in the Minnesota arrests — and emphasized the necessity of protecting religious spaces from interference.
“The idea that ‘you can worship’ means nothing if a mob can make it unsafe or impossible,” Goldfeder wrote in a statement to the Forward. “So if you apply it consistently: to protect a church in Minnesota, a synagogue in New Jersey, a mosque in Detroit, what you are actually protecting is pluralism itself.”
Goldfeder has also attempted to use the FACE Act against protesters at a synagogue, citing the law in a July 2024 complaint against demonstrators who had converged on an event promoting Israel real estate at Adas Torah synagogue in Los Angeles. That clash descended into violence.
The Trump administration Justice Department subsequently filed a statement of interest supporting that case, arguing that what constituted “physical obstruction” at a house of worship under the FACE Act could be interpreted broadly.
Now, similar legal reasoning may apply to journalists covering the Sunday church protest in Minneapolis. Press freedom groups have expressed deep alarm over the arrests, arguing that the journalists were there to document, not disrupt.
The arrests are “the latest example of the administration coming up with far-fetched ‘gotcha’ legal theories to send a message to journalists to tread cautiously,” said Seth Stern, chief of advocacy for Freedom of the Press Foundation. “Because the government is looking for any way to target them.”
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Nearly 90% of Turkish Opinion Columns Favor Hamas, Study Shows
Pro-Hamas demonstrators in Istanbul, Turkey, carry a banner calling for Israel’s elimination. Photo: Reuters/Dilara Senkaya
About 90 percent of opinion articles published in two of Turkey’s leading media outlets portray the Palestinian terrorist group Hamas in a positive or neutral light, according to a new study, reflecting Ankara’s increasingly hostile stance toward Israel.
Earlier this week, the Israel-based Jewish People Policy Institute released a report examining roughly 15,000 opinion columns in the widely read Turkish newspapers Sabah and Hürriyet, revealing that Hamas is often depicted positively through a “resistance movement” narrative portraying its members as “martyrs.”
For example, Turkish journalist Abdulkadir Selvi, writing in Hürriyet, described the assassinated Hamas leader Ismail Haniyeh as “a holy martyr not only of Palestine but of Islam as a whole” who “fought for peace,” while portraying Israeli Prime Minister Benjamin Netanyahu as “the new Hitler.”
JPPI also found that most articles in these two newspapers took a neutral stance on the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023, offering almost no clear condemnation of the attacks and failing to acknowledge the group’s targeting of civilians.
Some journalists even went so far as to praise the violence as serving the Palestinian cause, the study noted.
In one striking example, Hürriyet published an article just one day after the attack, lauding the “resistance fighters” who carried out a “mythic” assault on the “Zionist occupying regime” and celebrating the killings.
In other cases, some journalists went as far as to portray Hamas as treating the Israeli hostages it kidnapped “kindly,” denying that the terrorist group had tortured and sexually abused former captives despite clear evidence.
“There was not the slightest indication that the Israelis released by the Palestinian resistance had been tortured,” Turkish journalist Hilal Kaplan wrote in Sabah, denying claims that the hostages had suffered brutal abuse.
“They all looked exactly the same physically as they did on Oct. 6, 2023, more than a year later,” he continued.
Prof. Yedidia Stern, president of JPPI, described the study’s findings as “deeply troubling,” urging Israeli officials not to overlook the Turkish media’s positive portrayal of Hamas and denial of its abuses.
“We must not normalize incitement and antisemitism anywhere in the world – certainly not when it comes from countries with which Israel maintains diplomatic relations,” Stern said in a statement.
According to the study, nearly half of the columns expressed a positive view of Hamas, while approximately 40 percent took a neutral position.
The analysis also found that around 40 percent of opinion columns mentioning Jews or Judaism contained antisemitic elements, with some invoking “Jewish capital” to suggest global power, while others compared Zionism to Nazism or depicted Jews as immune from international criticism.
For instance, two weeks after the Oct. 7 atrocities, Turkish journalist Nedim Şener wrote in Hürriyet that global Jewish capital and control over media and international institutions had brought the United States and Europe “to their knees,” allowing Israel to carry out a “genocide against Palestinians in Gaza.”
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ADL appoints former head of embattled Gaza aid foundation to its board
The Anti-Defamation League named Rev. Johnnie Moore, who led the controversial Gaza Humanitarian Foundation, to its board of directors last week.
Moore became the public face of the foundation over the summer as it faced blame for hundreds of Palestinian civilians being killed while attempting to access aid at distribution centers that critics said were risky and inefficient.
But the ADL described the foundation, which was created with support from the U.S. and Israeli governments, as a “historic effort to provide nearly 200 million meals for free to the people of Gaza,” in a press release.
The ADL’s leadership has become more protective of Israel in recent years as it has shifted away from its historic work on civil rights issues unrelated to antisemitism. That change included a 2017 reworking of its governance structure, which had been run by a committee of several hundred lay leaders, to a more traditional nonprofit board.
The United Nations reported in August that 859 Palestinians had been killed near the Gaza Humanitarian Foundation sites, mostly by the Israeli military. Doctors Without Borders said that the centers had “morphed into a laboratory of cruelty” with children being shot and civilians crushed in stampedes.
Moore’s role involved defending the organization. He blamed Hamas and the United Nations for causing mass starvation in Gaza and presented the Gaza Humanitarian Foundation as the best means of distributing food to civilians without allowing it to be diverted to militants.
“Hamas has been trying to use the aid situation to advance their ceasefire position,” Moore said during a July presentation to the American Jewish Congress.
The foundation shut down in December.
An evangelical leader and former campaign adviser to President Donald Trump’s with no background in international aid prior to his work with the foundation in Gaza, Moore brings a Christian perspective to the ADL’s board at a time when evangelicals are increasingly divided over Israel and antisemitism. “As a Christian, I consider it a responsibility to stand alongside ADL in this critical moment for the Jewish community and for our nation,” he said in the statement announcing his appointment.
He was appointed alongside Stacie Hartman, an attorney and lay leader based in Chicago, and Matthew Segal, a media entrepreneur who former President Joe Biden named to the U.S. Holocaust Memorial Council. They join a mix of philanthropists and business leaders, including Jonathan Neman, the CEO of salad chain Sweetgreen, and Max Neuberger, the publisher of Jewish Insider.
The post ADL appoints former head of embattled Gaza aid foundation to its board appeared first on The Forward.