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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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Some named names, some didn’t, but it’s not just a story of good guys and bad guys
It was written in 1972 and takes place between 1947 and 1959. It consists of testimony given before the infamous House Committee on Un-American Activities, which damaged or destroyed the lives of many people in the entertainment world during the Communist scare and the blacklisting of the 1940s and 50s. But for its Tony-winning director, Anna D. Shapiro, Are You Now, Or Have You Ever Been, a docudrama that is being revived at New York City Center, is relevant today — in more ways than one.
“I think that everybody will enter this play from a different perspective, because it’s in conversation with things that we’re dealing with as a country right now,” Shapiro told me over the phone. “For instance, my producer, Jeffrey Richards, who is of a certain generation, for him, it’s just deeply about freedom of expression. He has spent his whole life making art, championing artists, and the idea that he feels like we’re moving towards, which we clearly are, is a more fascist behavior around freedom of expression. He wants to remind people how dangerous some of these moves from the current administration are.”
“But I’m just a little bit younger than Jeffrey,” Shapiro, 60, continued. “I did the play when I was in college. So I was probably 22, 23, actually, just finishing college. And it was very clear then, right? It was about good guys and bad guys, and it was very easy to demonize the people who named names and champion the people who were brave enough not to name names. And now, as I’m older, I realize there’s a lot more complexity when the entire system is coming after you in a way that makes you feel like your entire livelihood is threatened. So on one level, it’s one thing for Arthur Miller not to name names. It was Arthur Miller. They weren’t going to be able to destroy Arthur Miller. But it’s another thing for an actor whose career is fading and who doesn’t have any control over his destiny to be kind of pushed into naming names. And I think that that’s what interests me, which is how difficult it becomes to be good in America, how difficult that is becoming, how terrifying and terrorizing the current administration is.”
The play, by Eric Bentley, highlights testimony by some of those — Jerome Robbins, Elia Kazan, Larry Parks, Abe Burrows — who named names of Communist Party associates and some of those who didn’t, such as Arthur Miller, Paul Robeson, Lillian Hellman, Lionel Stander. It features a rotating cast that includes Steven Pasquale, Molly Ringwald, Santino Fontana and Bob Odenkirk.
Bentley, who died in 2020 at age 103, taught dramatic literature at Columbia University during the 1950’s and 60s. He was a champion and translator of the German playwright Bertolt Brecht. Shapiro won her Tony for Tracy Letts’ August: Osage County and is a former artistic director of the famed Steppenwolf Theatre Company in Chicago. Most recently on Broadway she directed the Tony-winning revival of Eureka Day.
‘Of course they were antisemitic’
Six of the Hollywood Ten screenwriters and directors who were blacklisted and sent to prison for their refusals to testify were Jews. In the Bentley play, Miller, Robbins, Hellman, Stander and Burrows are Jewish.
As the play records, one key committee member, John E. Rankin of Mississippi, a known racist who was called out for his antisemitism, insisted on reading out the birth names of actors who he presumed to be Jewish, such as June Havoc (June Hovick), Danny Kaye (David Daniel Kaminsky), Eddie Cantor (Edward Iskowitz), Edward G. Robinson (Emanuel Goldenberg) and Melvyn Douglas (Melvyn Hesselberg).
“Of course they were antisemitic,” Shapiro said. “One of the things that they went out of their way to point out was how many of the actors and directors in Hollywood had changed their names and that their original names were so clearly Jewish. For them, this exposed a kind of nefariousness. They assumed a nefarious intent, as opposed to being what it really was, which was a way for Jews to defend themselves and keep themselves safe from antisemitism by changing their names, to be able to be in the public eye in a way that was less dangerous for them.”
The committee, she said, “twisted that and said, see, all these people, all of these people in Hollywood, are pretending not to be Jews, but they are, and they’re the problem.”
Actually, though, she said, “when you really look at what being a quote-unquote Communist was in this time, for the most part, these were essentially Democratic socialists. They were people who had gotten a little lucky, were making a little money. Many of them for the first time in their families. And they wanted to help the underdog. They wanted to look at what was corrupt in the system and make things better for people. They weren’t ‘burn the system down.’ They weren’t those people.”
Many Jews were victims of blacklisting, but many top executives in Hollywood who perpetrated or supported blacklisting were themselves Jewish. One reason, of course, was fear of the committee and other anti-Communist zealots like Wisconsin Senator Joseph R. McCarthy. But there was another.
“I think that’s our complex history, isn’t it?” Shapiro said. “And we’re in a complex moment as Jewish people. We have been in such a conversation with our existential threats. And what we think of as the solution to that very, very real historic and current threat. And what I appreciate about you bringing that up is that Jews are not a monolith. Right now, that’s happening again, right? I disagree actively with my older brother, right? Now, what we don’t disagree with each other about is that we’re Jews.”
Making an impact
Although Shapiro says her family were not practicing Jews, she said she is very conscious of her Jewish heritage. “My mother didn’t practice primarily because she was a Marxist and she didn’t believe in God. And also, quite frankly, she was raised in a very conservative Jewish household. And the sexism of her day, of when they were in shul, the women were upstairs. Every Friday night, her grandmother would cook everything and eat in the kitchen. So she saw a lot of the sexism. And that really made her walk away from her Judaism. But with both of my parents, whenever Judaism was being attacked or somebody wanted to take it away from them, they would fight for it.”
“What I’ve realized, Shapiro went on to say, “is how without practicing, without going to shul, without even celebrating Passover, my Judaism is in my body, and it informs decisions I make. I think it’s the reason that I’ve done so much work around equity and systemic racism and systemic sexism. I think I essentially understand that part of my task is to seek justice, and to make an impact in the world.”
So what impact would she like the play to make on audiences?
“I always say that I direct plays really for one reason, and that is to make the audience’s world bigger. And that really only happens two ways, right? You go into a theater and you either see something familiar and you go, wow, there’s other people like me, or you go into the theater and you see something so different from your own experience and you think, my God, the world is so much bigger than I know. In this play, based on the way that you calibrate the performances, you can either make a very black and white statement, or you can make more nuanced and ambiguous statements.”
She agrees with the philosophy, she said, that every society’s survival is based on its ability to embrace ambiguity.
“And where we are right now — and I’m not even talking about on the right, because I don’t have anything to say about the right. They’re very confusing to me. So I can only speak to the people with whom I share essential beliefs. I think that we are not talking to one another well. I think we are looking at black and white and good and evil, and it’s way more complex than that. So I hope people come away going, wow, I really thought it was just going to be like the good guys who didn’t name names and the bad guys who named names.”
‘Are You Now Or Have You Ever Been’ runs through Sept. 11 at City Center in New York.
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Israel dominates debate as Rep. Dan Goldman defends seat in referendum on Zionism
American support for Israel and the ongoing Israeli-Palestinian conflict emerged as a central point of contention during the first televised Democratic primary debate between Rep. Dan Goldman and former New York City Comptroller Brad Lander on Tuesday night.
Lander, who identifies as a liberal Zionist, is challenging Goldman with the support of Mayor Zohran Mamdani, in a campaign that has gone after Goldman as allegedly out of step with Democratic voters who seek change in Israel.
Recent events in and near the 10th Congressional District, in Brooklyn and lower Manhattan, provided plenty of fodder. The Celebrate Israel parade, the vote by members of the Park Slope Food Coop to boycott Israeli products, military assistance for Israel and investments in Israel bonds made up the first 15 minutes of the one-hour debate, hosted by Spectrum News NY1.
The exchange highlighted growing divisions within the Democratic Party over Israel and the war in Gaza.
“With all due respect, we’re now 10 minutes into this, and we’ve only spoken about Israel,” Goldman, a two-term incumbent, complained. “Israel is not the most important issue in this district.” The district voted heavily for Mamdani, an outspoken critic of Israel. Jewish voters make up an estimated 20% of the electorate.
“This is one of the significant moral and humanity challenges of our time, and our representative failed,” Lander pushed back, citing Goldman’s support for U.S. aid to Israel and refusal to call the war in Gaza a genocide. In his opening remarks, Lander criticized Goldman for accepting donations from AIPAC, the U.S. campaign fundraising group allied with the Israeli government.
The Goldman-Lander contest is expected to serve as an early test of Mamdani’s political influence following his upset victory in the mayoral race. Mamdani and Lander cross-endorsed each other in the mayoral race, and Mamdani made his endorsement of Lander for Congress along with democratic socialists in two other congressional primaries. Recent polling has shown Goldman trailing Lander.
Both candidates, who describe themselves as liberal Zionists, drew sharp contrasts over their approach to the conflict in the Middle East and the movement to boycott Israel.
Lander defended his decision not to march this year the annual Israel parade by pointing to the participation of Israeli Finance Minister Bezalel Smotrich, a far-right member of Prime Minister Benjamin Netanyahu’s governing coalition who has made past controversial statements, including advocating for the displacement of Palestinians. “We shouldn’t be marching with war criminals,” Lander said.
However, Lander announced he would not attend the parade before it was publicly known that Smotrich would participate in the event, and shortly after Mamdani announced that he too would skip. Smotrich’s appearance drew little attention during the march itself. The Israeli minister joined the march at East 63rd Street along the route and walked primarily with a delegation of Knesset members. His participation sparked backlash afterward, with prominent Democrats condemning his appearance and critics of Israel excoriating Democratic elected officials who marched along the same route.
In an interview on Monday, Mamdani said he’s “offended” by the participation of Smotrich, saying he represents “a vision of annihilation, a complicity in genocide, and frankly a belief that does not have much value for even the sanctity of children in Gaza.”
Goldman defended his march. “I was unaware” of Smotrich joining the parade, he said. “And I am incredibly disappointed that that occurred.”
Israel appeared again in the cross-examination period, with Goldman asking Lander to explain why he left the Democratic Socialists of America after Oct. 7, 2023 — with Lander citing a “heinous” rally DSA promoted on Oct. 8 cheering on the attacks.
In the debate Lander emphasized his support for Israel as a Jewish state that is also one where Palestinian rights thrive.
In remarks on Sunday, ahead of the parade, Goldman spoke about the stakes of the race in an appeal to Jewish voters. “It’s a difficult time for many of us, but what we need is more than anything is moral clarity,” Goldman said at the Met Council annual legislative breakfast. “We need to stand for what we believe in, and I will do that right through the tape with the support of many of you.”
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Canada ‘is failing Jewish Canadians,’ prime minister says as he unveils effort to address antisemitism
(JTA) — Canada’s prime minister Mark Carney announced on Monday a new government body to combat racism, saying its first priority would be tackling antisemitism.
Carney addressed Canada’s surge in antisemitic hate crimes during a speech at Holy Blossom Synagogue, Toronto’s oldest Jewish congregation. He said the government had to “start with clearly admitting that Canada’s civic compact is failing Jewish Canadians.”
Carney referenced the wave of attacks on Canadian Jews since Oct. 7, 2023, including bullets fired at synagogues and Jewish schools and attacks on Jewish businesses, community centers and Holocaust memorials.
Over two-thirds of the country’s religion-motivated hate crimes last year were directed at Jewish Canadians, who make up only 1% of the population, he said.
Carney said the government was responding by launching the Ministerial Advisory Council on Rights, Equality, and Inclusion, with the mission of advising Canada’s government on combating all forms of hate.
“I am directing that the first responsibility of that council is to address antisemitism,” he said.
The council will be chaired by the Minister of Canadian Identity and Culture, Marc Miller. Carney also announced that Marc Gold, a lawyer and Jewish community leader who retired last year from the Senate of Canada, will join the council.
Carney said the council will be tasked with reassessing the nature, scale and drivers of antisemitism, developing a whole-of-government approach to align federal policies and public safety programs, improving the collection of data on hate incidents, and measuring the impact of government efforts.
Several Jewish organizations are likely to be disappointed that Carney’s announcement did not include more sweeping enforcement measures against antisemitism.
Rich Robertson, the director of research and advocacy at B’nai Brith Canada, said the speech was a “missed opportunity.” The organization was advocating for a task force that could respond immediately to antisemitic incidents and a commission of inquiry to identify their root causes, he said.
“We were hoping for true tactical changes that could positively be actioned to change the lived experience of Jewish Canadians, and unfortunately, that is not what we received today,” Robertson told the Jewish Telegraphic Agency.
Pressures on Carney were mounting ahead of the speech. The Centre for Israel and Jewish Affairs, an advocacy arm of the Jewish Federations of Canada, pushed for him to strengthen law enforcement.
“Government and law enforcement must address the drivers of this crisis, including radicalization, promotion of terrorism, and terrorist entities operating here in Canada,” CIJA said in a statement shortly before Carney’s address.
The group added, “The Prime Minister has an opportunity to set the tone from the highest office to make clear that nothing can justify the hatred, intimidation, and violence Jewish Canadians are experiencing and that every tool at the government’s disposal will be used to confront it.”
Carney’s messages about Israel, Gaza and antisemitism have divided Jewish voters. In September, he led Canada to officially recognizing a Palestinian state. He said in October that he would fulfill the commitment of his predecessor, Justin Trudeau, to arrest Israeli Prime Minister Benjamin Netanyahu if he visited Canada. (The International Criminal Court issued an arrest warrant against Netanyahu for alleged war crimes and crimes against humanity in Gaza in 2024.) Last week, he spoke with Israeli President Isaac Herzog about the experiences of Canadians detained after trying to sail to bring aid to Gaza.
But Carney, the leader of Israel’s Liberal Party, has also introduced public safety legislation supported by national Jewish organizations, including CIJA and B’nai Brith Canada. Most significant among them is Bill C-9, which would strengthen Canada’s criminal code by creating new offenses for intimidation and obstruction at houses of worship, schools and community centers used by religious groups.
That bill has also faced backlash from free speech advocates, including both Jewish conservatives and progressives. Pro-Palestinian Jewish groups say that it would wrongly criminalize protesting against events like real estate sales for Israeli settlements in the West Bank if they take place in synagogues.
Carney appeared to acknowledge those criticisms in his announcement of the new ministerial council.
“I want to be clear about what these measures are and what they are not,” he said. “They are not curtailments of freedom of expression. They are not constraints on legitimate criticism of any government on any subject anywhere. But they are the basic standards we owe one another in our shared public institutions.”
This article originally appeared on JTA.org.
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