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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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Is this Apple TV thriller hasbara — or societal critique?

AppleTV+’s new thriller Unconditional has the trappings of so much streaming content.

A young woman disappears into hostile territory. Her mother, already juggling a family health crisis, does her own sleuthing to get her daughter back. People die, twisty alliances emerge. It’s all part of the suspense boiler plate, and it sizzles just enough to keep your interest. What makes the show, airing May 8, different from every other show is the early response.

Sight almost entirely unseen, the internet was in an uproar. The show is Israeli, and the announcement trailer showed the character Gali (Ronn Talia Lynne) in her IDF uniform. Pro-Palestine accounts were quick to shout “hasbara” or “overt ziopropaganda” for a show whose premise is ostensibly a sympathetic story of an Israeli taken prisoner by the evil, Putin-era Russian state. (The trailer makes no mention of Palestinians or a war in Gaza. The show doesn’t either.)

The online response alone proves the challenging optics for anything Israeli, but the show actually has quite a bit to say about the Jewish state’s propaganda apparatus — within the country and without.

On a layover in the Moscow Airport, Gali and her mother, Orna (Liraz Chamami), are taken in for questioning. Security claims to have found drugs in Gali’s backpack — an echo of the Naama Issacher affair from 2019 — and she’s summarily sentenced to seven years in a Russian jail.

Orna returns to Israel and hires a PR handler to plead Gali’s case. Together they curate a specific image to sell to the state media.

Gali is a “happy, good-hearted girl. She served in the army, like everyone” and even extended her service, Orna says in radio and television interviews. The file photo for news segments is exactly what so many outside of Israel would object to: Gali in uniform. In Israel it tugs heart strings. Abroad, it makes the abductee a war criminal who had it coming.

It’s probably not giving much away, given that the hands behind this show are the creators of Hatufim, which became a hit in the U.S. as the antihero-forward War on Terror commentary Homeland, that Gali is not a perfect victim. This is a strange sort of hasbara, if one Israel often produces, the kind that’s peopled by problematic characters operating in the society’s gray zones. (See streaming hit Fauda, following a morally-dubious undercover unit made up of trigger-happy adulterers exploiting their Palestinian contacts.)

What’s surprising, given the premise, is how much time the show spends not in Russia or Israel, but in India, where Gali and Orna were touring before their fateful missed connection in Moscow. It’s here we’re given entree into the Ugly Israeli abroad, a stereotype that is growing increasingly common thanks to reports of poor behavior — stealing money from temples, creating chaos in hospitals and restaurants — in the global East. (On the flip side, many Israelis, like a couple at a noodle shop in Vietnam, are being harassed by other tourists for no reason other than their country of origin and some feel the need to hide their identity while traveling.)

Gali sings the praises of an Indian gastropub that will give you dysentery. “We are so lucky because for the last three months the kitchen has been condemned by the health department,” she smirks. “But yesterday some truck driver hit a wild boar, so they gave them an exemption. So it won’t be a waste.”

In a later episode, one of Gali’s companions wisecrack about the pestilential heat and jibe that prisons in India are particularly atrocious. (This must ring alarm bells for those aware of Israel’s carceral system for Palestinians.)

Russia is equally backward. Unlike in Israel, “not everyone here is happy to work with a woman,” a Russian arms dealer weighs in. If you didn’t get it, these countries are backward. Israel has its problems, but at least it has women in power!

Watching, I was reminded of social media posts by Indians complaining about racism and drug use from IDF veterans on the so-called “Hummus trail.” One post by AJ+ said the soldiers come there to “detox” from “carrying out a genocide in Gaza.”

Unconditional is under no illusions that Israelis can be a disruptive presence. If anything, it pushes the concept to new places. These Sabras ruin mindfulness workshops and start shoot-outs in hotel lobbies. It’s not great for the brand.

But then again, we live in a climate where simply acknowledging the existence of Israelis — as seen in a recent ballyhoo surrounding author R.F. Kuang — can prove controversial or politically-loaded, no matter how neutral the depiction.

Why Apple would give their imprimatur to an Israeli project today, when public opinion of the Jewish state has fallen off a demographic cliff, is a valid question likely explained by the positive reception of another Israeli import on the streamer, the show Tehran, about an IDF hacker stuck in Iran. From within the silos it’s hard to tell if audiences will cancel their subscriptions, as some have threatened.

Maybe, like Gali’s uniform, the show is a Rorschach. BDS types may boycott, yet the show seems to echo many of their talking points about Israel’s overzealous campaign in Gaza after Oct. 7 — at least by way of metaphor.

In a late episode, Orna tells her government companion Rita (Evgenia Dodina) about a time a classmate broke Gali’s arm, and the teacher excused his actions because his mother was in the hospital.

“You’re exactly like the teacher,” Rita tells Orna. “You give me a thousand excuses for Gali. ‘It’s because of me. It’s not her fault. Poor thing.’ It doesn’t matter she didn’t understand what she was getting into, and it doesn’t matter she didn’t mean to.”

Orna says it’s different with Gali — because it’s her daughter. One can overlook a lot when it’s your family, or, for that matter, your country.

The post Is this Apple TV thriller hasbara — or societal critique? appeared first on The Forward.

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Israeli man indicted in attack on Catholic nun in Jerusalem’s Old City

(JTA) — An Israeli man was indicted on Thursday in connection to the violent assault of a Catholic nun in Jerusalem last month, after prosecutors said he targeted her over her Christian identity.

Yona Schreiber, 36, from the West Bank settlement of Peduel, was arrested last week and has since been indicted on charges of “assault causing actual injury motivated by hostility ​toward the public on the grounds of religion, as well as simple ​assault,” the state attorney’s office said in a statement.

According to the indictment, Schreiber, who is Jewish, attacked the nun just outside of the Old City in Jerusalem because he identified her as a Catholic nun. Schreiber allegedly pushed and then kicked the nun as she was lying on the ground and also attacked a passerby who attempted to intervene.

The nun, a researcher at the French School of Biblical and Archeological Research, suffered bruises on her face and leg due to the attack, the state attorney’s office said.

The attack, which drew condemnation from Catholic leaders as well as faculty at the Hebrew University of Jerusalem, comes amid mounting concern over hostility toward Christian clergy and holy sites in Israel.

Cases of Jews harassing Christians have risen sharply in recent years. Last month, the IDF punished a soldier who was filmed bludgeoning a statue of Jesus in southern Lebanon. This week, the IDF also announced that it would discipline a different soldier who was seen placing a cigarette into the mouth of a statue of the Virgin Mary in a photo posted on social media.

Israel’s attorney general asked the Jerusalem Magistrate’s Court, where the indictment was filed, to hold Schreiber ​in detention for the duration of the legal proceeding.

The assault carries a maximum prison sentence of three years, which could increase to six years if prosecutors prove the attack was motivated by religious bias.

The post Israeli man indicted in attack on Catholic nun in Jerusalem’s Old City appeared first on The Forward.

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Jewish real estate magnate Steven Roth likens Mamdani’s ‘tax the rich’ rhetoric to ‘from the river to the sea’

(New York Jewish Week) — Jewish real estate mogul Steven Roth compared New York City Mayor Zohran Mamdani’s “tax the rich” rhetoric this week to racial slurs and pro-Palestinian rhetoric on an earnings call for his company, Vornado Realty Trust.

“I consider the phrase ‘tax the rich’ when spit out with anger and contempt by politicians both here and across the country, to be just as hateful as some disgusting racial slurs and even the phrase, ‘from the river to the sea,’” Roth said, referring to the phrase commonly used at pro-Palestinian protests that many Jewish groups consider antisemitic.

The remark by Roth, who has long been a notable philanthropist to Jewish causes, adds to mounting tensions between New York business leaders and Mamdani over his recently announced “pied-à-terre” tax on second homes valued at more than $5 million.

During the call Tuesday, Roth also expressed support for Ken Griffin, the CEO of Citadel, whose $238 million dollar penthouse was featured in a video by Mamdani announcing plans for the tax last month.

“We are all shocked that our young mayor would pull this stunt in front of Ken’s home and single him out for ridicule,” Roth said. “The ugly, unnecessary video stunt is personal for Ken and sort of personal for me.”

Roth’s comments touched on a longstanding source of friction between Mamdani and some New York Jewish leaders, who have criticized the mayor over his views on Israel and his previous defense of the phrase “globalize the intifada,” another common pro-Palestinian slogan viewed by some as a call to violence against Jews.

In the wake of Mamdani’s election, some Jewish business leaders, including Dave Portnoy, the Jewish founder of Barstool Sports, said that they planned to leave the city altogether, citing the mayor’s fiscal policies and concerns about antisemitism under his leadership.

In a statement responding to Roth’s comments, Mamdani’s office said that he wanted all New Yorkers to succeed, including “business owners and entrepreneurs who create good-paying jobs and make this city the economic engine of America.”

“That does not negate the fact, however, that our tax system is fundamentally broken. It rewards extreme wealth while working people are pushed to the brink,” the statement continued. “The status quo is unsustainable and unjust. If we want this city to become a place that working people can afford, we need meaningful tax reform that includes the wealthiest New Yorkers contributing their fair share.”

The post Jewish real estate magnate Steven Roth likens Mamdani’s ‘tax the rich’ rhetoric to ‘from the river to the sea’ appeared first on The Forward.

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