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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.”


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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City of Austin Enshrines ‘CAIR Day’ After Texas Designates Islamic Group as Terror Organization

CAIR officials give press conference on the Israel-Hamas war

CAIR officials give press conference on the Israel-Hamas war. Photo: Kyle Mazza / SOPA Images/Sipa USA via Reuters Connect

The city of Austin, Texas has declared Jan. 22 as “CAIR-Austin Day,” honoring a controversial organization that has been designated by multiple US states as a terrorist group and scrutinized by federal authorities over alleged ties to Hamas.

On Thursday morning, the local holiday was announced with a proclamation at city hall acknowledging the efforts of civic and community engagement by the Council on American-Islamic Relations (CAIR), a nonprofit organization that advocates on behalf of Muslim Americans.

Representatives of the group praised the decision.

“Our proclamation today, declaring Jan. 22 as CAIR-Austin Day, means a lot, not only to the CAIR-Austin staff and board members, but for the whole Muslim community in our city statewide,” CAIR said in a statement.

The proclamation came about two months after Texas Gov. Greg Abbott formally designated CAIR and the Muslim Brotherhood as terrorist organizations under state law, citing in part what officials described as longstanding ideological and operational ties with Islamist movements hostile to the US and its allies.

Abbott’s proclamation described CAIR as a “successor organization” to the Muslim Brotherhood and noted the FBI called it a “front group” for “Hamas and its support network.” The document also outlined the history of the organizations and their historical associations with figures and networks tied to Hamas, an internationally designated terrorist group.

“The Muslim Brotherhood and CAIR have long made their goals clear: to forcibly impose Sharia law and establish Islam’s ‘mastership of the world,’” Abbott said in a statement while announcing the designations last month. “These radical extremists are not welcome in our state and are now prohibited from acquiring any real property interest in Texas.”

In response, the Dallas-Fort Worth and Austin chapters of CAIR sued Abbott and the state’s attorney general, Ken Paxton, arguing the proclamation “chills” their freedom of speech and association under the First Amendment of the US Constitution and “retaliates against” them for exercising such rights. The CAIR chapters asked the court to stop the state from enforcing the designations and requested “compensatory damages,” according to the complaint.

Paxton responded by filing an affidavit defending the Texas proclamation, arguing in part that the terrorist designation is a lawful national-security measure aimed at protecting Texans from extremist influence, not a violation of free speech.

Texas Agriculture Commissioner Sid Miller lambasted Austin’s decision to honor CAIR.

“Austin’s proclamation of Jan. 22 as ‘CAIR-Austin Day’ is an outrageous disgrace and a blatant surrender to radical ideology that’s hijacked city hall. This is pure political theater, shoving left-wing activists ahead of hard-working Texas families,” he said in a statement. “CAIR isn’t some harmless community group. Gov. Abbott and Attorney General Paxton have branded it a foreign terrorist organization under Texas law, citing ironclad ties that endanger America and our allies.”

CAIR has drawn scrutiny over its alleged history of lending material support for foreign terrorist groups. In the 2000s, CAIR was named as an unindicted co-conspirator in the Holy Land Foundation terrorism financing case. Politico noted in 2010 that “US District Court Judge Jorge Solis found that the government presented ‘ample evidence to establish the association’” of CAIR with Hamas.

According to the Anti-Defamation League (ADL), “some of CAIR’s current leadership had early connections with organizations that are or were affiliated with Hamas.” CAIR has disputed the accuracy of the ADL’s claim and asserted that it “unequivocally condemn[s] all acts of terrorism, whether carried out by al-Qa’ida, the Real IRA, FARC, Hamas, ETA, or any other group designated by the US Department of State as a ‘Foreign Terrorist Organization.’”

US Sen. Tom Cotton (R-AK) has called on the Internal Revenue Service (IRS) to investigate CAIR’s status as a nonprofit organization, arguing the group has ties to Hamas and the Muslim Brotherhood, two internationally designated terrorist groups.

CAIR has denied any ties to Hamas or other terrorist organizations, portraying itself as a civil rights group defending Muslim Americans.

Additionally, CAIR leaders have also found themselves embroiled in further controversy since Hamas’s Oct. 7, 2023, atrocities in southern Israel.

The head of CAIR, for example, said he was “happy” to witness Hamas’s rampage of rape, murder, and kidnapping of Israelis in what was the largest single-day slaughter of Jews since the Holocaust.

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What we talk about when we talk about Anne Frank hiding from ICE

Anne Frank’s story — as told in her famed diary — is about many things: Persecution of Jews, the horrors of fascism, the perseverance of the human spirit.

But one of the main messages that many have taken from her life and death is this: It is wrong for children to be forced into hiding for any reason, and certainly on the basis of their identity.

That’s the connection that Minnesota Gov. Tim Walz drew while speaking on Monday.

“We have got children in Minnesota hiding in their houses, afraid to go outside,” he said at a press conference. “Many of us grew up reading that story of Anne Frank,” he added. Someday, he thinks, someone will write a similar story about the children of Minnesota.

Thus started one of the most vicious recent battles over what, exactly, Frank’s memory should mean. And in that battle, we can see what we risk by questioning whether it’s reasonable to draw any comparisons, ever, between those who lived in terror of the Nazis, and those who live in terror of other inhumane regimes.

The United States Holocaust Museum responded to Walz by posting on social media that “Anne Frank was targeted and murdered solely because she was Jewish. Leaders making false equivalencies to her experience for political purposes is never acceptable.”

“Despite tensions in Minneapolis,” they added, “exploiting the Holocaust is deeply offensive, especially as antisemitism surges.”

There are good reasons to be protective of Anne Frank’s story as a specifically Jewish one. The instinct to treat her experience as one of universal relevance has sometimes been taken too far, as in the case of a 2017 Dutch play about her that didn’t mention Jews or the Nazis.

But there are also good reasons to lean into the belief that Frank’s story is about humanity at large, as well as Jews, specifically. Frank’s father, Otto Frank, who edited her diary after her death during the Holocaust and pushed for its publication, was among those who said he wanted it to have universal appeal.

“I always said that Anne’s book is not a war-book,” he wrote in a letter in 1952. “War is the background. It is not a Jewish book either, though Jewish sphere, sentiment and surrounding is the background.” He wanted his daughter’s story to reach as many people as possible.

That’s the same instinct, I think, that motivated Walz to make his comparison: the drive to force people to confront the truth that children are suffering inhumanity, and to feel that truth must not be tolerated.

Consider just two of the stories of children in Minnesota over these past few weeks.

Liam Ramos, a 5-year-old, was detained along with his father and sent to a facility in Texas. A photo of Ramos wearing a Spiderman backpack while being forced into an SUV by federal agents went viral, in part, I think because of the profound human urge to protect children from the worst of existence — and the desperation provoked by seeing a child fall prey to it anyway.

Or think about a 2-year-old who was detained and flown to Texas along with her father. She was returned to her mother the next day, but it is impossible not to think that this experience of forced separation from her parents will mark her for life.

These two children were from Ecuador. But I do not see how it erases Frank’s Jewishness to show a parallel. It is wrong that she was forced into hiding because of her identity, and it is similarly wrong to force children in Minnesota into hiding because of theirs.

Far more concerning, I think, is the fact that misinformation about Frank’s story is being spread by some who argue that invoking her in this context is inappropriate.

Ambassador Rabbi Yehuda Kaploun, the U.S. State Department’s special envoy to monitor and combat antisemitism, posted in response to Walz that “ignorance like this cheapens the horror of the Holocaust. Anne Frank was in Amsterdam legally and abided by Dutch law. She was hauled off to a death camp because of her race and religion. Her story has nothing to do with the illegal immigration.”

That’s a terrible rewriting of history. It’s true that Frank was hauled off to a death camp because of her race and religion. But it is not true that she and her family were abiding by the law.

They went into hiding after Frank’s sister, Margot Frank, received and ignored a summons to go to a labor camp. They were hiding precisely because their existence in Amsterdam had become illegal the second that Margo failed to show up; they were all defying orders.

Frank and her family were quite literally breaking the law. It was the Nazis, and the people who turned in the Frank family, who were following it.

Questions of legality do not provide an excuse to force children into hiding because of their race, religion, or where they were born, nor a reason to scar or harm them.

For my own part, I think we are less at risk of forgetting that the Holocaust was carried out against Jews than of being so concerned about losing Jewish specificity that we miss that there are unspeakable harms being carried out against children today. Many of those harms are happening legally.

People can learn from what happened from Anne Frank, or not. People can disagree about exactly what we ought to learn from what happened to her, too.

But if insisting on the specific Jewishness of that story seems more important to you than recounting the history accurately, I think it’s only fair to ask: Are you actually upset about how people tell this story, or just upset that listeners might take away a different moral than you think they should?

The post What we talk about when we talk about Anne Frank hiding from ICE appeared first on The Forward.

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81 Years After the Holocaust, Antisemitism Pervasive in Germany, Poland

A demonstration in Schwerin, Germany under the slogan “All together to protect democracy”, with a banner reading “Against Nazis”. They want to demonstrate against new borders in Europe and protest against cooperation with right-wing extremists. Photo: Bernd Wüstneck/dpa via Reuters Connect.

Eighty-one years after the Holocaust, antisemitism remains rampant in the heart of the former Third Reich, with rising antisemitic hate crimes in Germany and incidents targeting Jewish communities in Poland drawing widespread condemnation.

On Tuesday, as the world marked International Holocaust Remembrance Day, a group of Orthodox Israelis waiting to board a flight to Israel at Krakow Airport in Poland were physically and verbally assaulted by an airport employee, in the latest antisemitic incident drawing condemnation from officials and community leaders.

The travelers were praying before boarding their flight when the employee noticed them and began shouting antisemitic slurs while demanding that they stop.

When the group members explained they were nearly finished, the assailant became even more aggressive, reportedly spitting on one person and pushing another.

As the situation escalated and the assailant grew more hostile, airport police intervened to control the scene, with the incident captured and widely shared online.

In videos circulating on social media, the airport employee is seen approaching the group aggressively, shouting, “Why are you in Poland? Go back to Israel.”

The group members are seen speaking in English, asking him to stop, as he persists in claiming that Poland is “his country.”

According to local media, airport officials have yet to release a public statement, confirm whether the employee has been suspended or disciplined, or clarify if an investigation into the incident is underway.

The airport workers’ remarks were reminiscent of comments made by Polish lawmaker Grzegorz Braun, a far-right politician notorious for his repeated antisemitic statements and outspoken criticism of Israel.

“Poland is for Poles. Other nations have their own countries, including the Jews,” Braun said during a press conference in November in Oświęcim, a town in southern Poland that is home to the Auschwitz-Birkenau concentration camp memorial and museum. International Holocaust Remembrance Day is observed annually on Jan. 27, the date when Auschwitz, the largest and most notorious of the Nazi death camps, was liberated.

“Jews want to be super-humans in Poland, entitled to a better status, and the Polish police dance to their tune,” Braun continued.

Poland, like most countries across Europe and the broader Western world, has seen a rise in antisemitic incidents over the last two years, in the wake of Hamas’s Oct. 7, 2023, invasion of and massacre across southern Israel.

Germany has been one such country to experience a surge in antisemitism.

Most recently, unknown individuals vandalized the memorial at a local synagogue in Kiel, a city in the northwestern part of the country, destroying items left by people honoring the victims of the Holocaust — including a Star of David, candles, and a photograph.

“This attack is an utterly unacceptable act of antisemitic hatred and an affront to the memory of the crimes committed under National Socialism,” Daniel Günther, the minister-president of Schleswig-Holstein, a state in northern Germany, said in a statement. “Anyone who desecrates a memorial site like this violates historical responsibility and the core values of the state.”

“We are witnessing a growing number of antisemitic incidents. Ninety years ago, that hatred marked the beginning of the end,” he continued. “That is precisely why we cannot tolerate a single incident today. Every act must be investigated and punished under the rule of law.”

This latest antisemitic attack comes as the local Jewish community rallies to defend democracy and protest against antisemitism on International Holocaust Remembrance Day.

Observed each year on Jan. 27, the day honors the six million Jews and other victims killed by the Nazis and commemorates the liberation of Auschwitz in 1945.

“Holocaust survivors around the world are asking whether democracies and their citizens are sufficiently aware of the dangers posed by the hateful rhetoric of far-right and populist politicians and parties,” Christoph Heubner, vice president of the International Auschwitz Committee from Berlin, said in a statement. 

“Antisemitism has an unfortunate characteristic: it serves as an ideological bridge between right-wing extremists, left-wing extremists, and Islamists alike,” he continued. “These forces will continue to grow stronger if, as a society, we do not stop these threatening developments.”

According to newly released figures from the German Ministry of the Interior obtained by the newspaper BILD, antisemitic incidents continued to rise last year, with 2,122 offenses reported in Berlin alome, including 60 violent attacks.

This represents a significant increase of 80 percent compared with the already high number of incidents in previous years, with Berlin police recording 901 such offenses in 2023 and 1,622 in 2024, BILD reported.

“The rise in these figures is alarming, but not surprising. When politicians allow antisemitic demonstrations to go unchallenged, it emboldens certain groups and reinforces their antisemitic attitudes and attacks,” Timur Husein, a member of Parliament from the CDU, Germany’s center-right Christian Democratic Union, who requested the data, told the German newspaper.

Husein also said that the CDU is looking to strengthen Germany’s assembly laws to ban antisemitic demonstrations, which he says are responsible for a significant share of these crimes.

Earlier this month, the commissioner to combat antisemitism in the German state of Hesse sounded the alarm after an arson attack on a local synagogue in the town of Giessen, warning that it reflects a “growing pogrom-like atmosphere” threatening Jewish life across Germany as Jews and Israelis continue to face an increasingly hostile climate.

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