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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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Talarico blames Netanyahu, not the Israeli people, for devastation in Gaza
(JTA) — James Talarico, Texas’ Democratic nominee for the U.S. Senate, said he holds Prime Minister Benjamin Netanyahu, rather than the Israeli people, responsible for civilian devastation in Gaza.
Talarico, a Texas state representative, is running neck and neck against Republican Attorney General Ken Paxton, in a race whose results could affect which party controls the Senate this November. Israel has been one of many sources of disagreement among the candidates, who have sparred on issues ranging from affordability to immigration to reproductive rights.
“I believe that Israel, like any nation, has a right to defend its people,” the candidate said while fielding questions on Wednesday at a CNN town hall. “But I don’t believe that Benjamin Netanyahu has a right to wage war against civilians or use collective punishment or restrict aid to civilians.”
A Texas Politics Project poll, issued by the University of Texas this week, showed Paxton trailing Talarico by 3 percentage points, with 47% to the Democrat’s 50% and a margin of error of 3.34 percentage points.
Talarico said in August that he supported stopping arms sales to the Netanyahu government and conditioning military aid “on ending the death and the destruction in Gaza and the West Bank.” He declined to call the crisis “genocide,” noting that the term is being litigated in the International Court of Justice. But he said he’d “use every bit of our nation’s diplomatic and financial leverage to protect the lives of Palestinians.”
When he was pressed further by Rabbi Holly Levin Cohn of Congregation Beth El Binah in Dallas during the town hall, Talarico stressed the importance of directing his criticisms “toward Prime Minister Benjamin Netanyahu and not the Israeli people.”
Addressing Israelis’ trauma, Talarico acknowledged that the Oct. 7, 2023, Hamas attack on Israel “was the deadliest day for the Jewish people since the Holocaust.”
Cohn pushed back on his comments regarding aid restrictions, noting Israeli support of humanitarian efforts and arguing that there’s much more going on in the country than the media may be projecting.
Talarico told the rabbi he recognized that his “words carry weight” and gave her his word that he’s “going to continue to listen to all sides of this conflict.” He also expressed hope that “we can all come together to fight for a two-state solution where we have security for Israel and we have freedom and self-determination for Palestinians.”
Talarico also gave a “shoutout” to a local rabbi, Neil Blumofe at Congregation Agudas Achim in Austin. “I spent my first year of my seminary studies learning the Hebrew scriptures from a local rabbi,” he said. “Shout out Rabbi Neil Blumofe!” Cohn grinned.
The post Talarico blames Netanyahu, not the Israeli people, for devastation in Gaza appeared first on The Forward.
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Irish Jewish leader ‘shocked’ after hotel cancels over 70 rooms for antisemitism conference
(JTA) — DUBLIN — An Irish Jewish leader said a Dublin hotel canceled rooms reserved for European delegates after learning that they were visiting for an antisemitism conference.
Maurice Cohen, the president of the Jewish Representative Council of Ireland, said he booked over 70 rooms at the Herbert Park Hotel for people attending a meeting of the Special Envoys and Coordinators Combating Antisemitism (SECCA).
The envoys, who included Jewish community leaders, diplomats and government ministers from across Europe, were invited to the conference this week organized by the World Jewish Congress and the European Commission. The event was tied to Ireland’s Presidency of the Council of the European Union, which rotates between EU member states, and included delegates meeting with Irish Prime Minister Micheál Martin. Most of the government-appointed special envoys are not themselves Jewish.
Cohen said he met with Herbert Park Hotel’s general manager in May to inspect its conference rooms and explained the purpose of the event. According to Cohen, the manager responded by asking, “Will the IDF be involved?”
That question “shocked” Cohen, he told the Jewish Telegraphic Agency.
“I said, this is about antisemitism. It’s not about Israelis, it’s not about Israel, it’s not about the IDF,” he said.
Cohen said the manager told him she had to consult with the hotel owners to determine if his booking could be accepted. The next day, he learned that the rooms were canceled without explanation. The Herbert Park Hotel did not respond to JTA requests for comment.
Cohen booked rooms for the delegates and the conference at different hotels. He described the cancellation in a speech at the SECCA meeting on Tuesday, calling it an example of “contemporary antisemitism.”
“How quickly does the word ‘Jewish’ change a conversation?” he said to the attendees. “How easily does a gathering about antisemitism become associated with the Israeli army? And how quickly can people who were welcome when they were simply 70 hotel guests become something rather different once they are known to be attending a Jewish conference?”
Yoni Wieder, Ireland’s chief rabbi, suggested that the hotel could have based its decision on fears of controversy.
“It’s possible that whoever took the decision had no objection to the conference itself,” Wieder told JTA. “They may simply have wanted to avoid the possibility of protests outside the hotel or some other backlash.”
Ireland’s government has been sharply critical of Israel. The country has recognized Palestinian statehood, barred Israeli far-right ministers from entering its borders and in July passed a law that banned imports from Israeli settlements in the Palestinian territories. Martin has said that Israel committed genocide in Gaza, a charge Israel vigorously rejects. He has also condemned rising antisemitism in Ireland, which is home to about 2,200 Jews.
Herbert Park Hotel is “actually quite familiar with Jewish guests,” according to Wieder, who said that he has overseen kosher catering at the hotel.
Cohen, who has lived in Dublin all his life, said he had fond memories of the hotel. For years it was his favored site for meetings, New Year’s Eve celebrations and his mother’s birthdays through her 93rd.
“Over time the hotel became associated in my mind with friendship, celebration and my mother,” he said in his speech. “So it was strange that, many years later, the same hotel would acquire a very different place in my memory.”
The post Irish Jewish leader ‘shocked’ after hotel cancels over 70 rooms for antisemitism conference appeared first on The Forward.
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Whatever you think of Ilhan Omar, these threats are unconscionable
The Trump administration is reportedly planning to build a case to strip Congresswoman Ilhan Omar (D-MN) of her citizenship and eventually deport her.
It is my hope that American Jews — even those who do not like Omar and can recite every questionable comment she has made over the past 15 years to illustrate why — will understand this as offensive and outrageous not only because they are Americans, but because they are Jews.
The Trump administration may claim that it is building a case against Omar due to paperwork (reports suggest that they are interested in whether her father listed her age as 17 on her citizenship application when she was really 18). It is similarly filing dozens of lawsuits attempting to denaturalize citizens by trying to prove they lied in the process of gaining citizenship. However, that this is happening now, ahead of the midterm elections against a sitting member of Congress, a high-profile progressive whom the president has said should “go back” to her country of origin, suggests that it is, to put it mildly, politically motivated.
Evidently, the Trump administration sees citizenship not as a right or a responsibility but as a reward, one that can be taken away if that is seen as useful to the president and his adherents. That use could be silencing political opposition or something as simple (and callous) as an opportunity to brag about the sheer number of attempted denaturalizations.
Jews, too, have found themselves on the wrong end of political denaturalization. I do not mean to compare the Trump administration to the Nazis, but the stubborn fact is that Jews were indeed stripped of their citizenship as part of a political project in Germany and elsewhere in Europe in the 1930s and 40s. And in the early 20th century in the United States, it was Jews who politicians claimed were incapable of assimilating, of ever really being a part of the United States. These arguments culminated in legislation that kept out Jews who could have found refuge here. The threat of denaturalization and the experience of perpetual otherness is a grievous part of modern Jewish history; we should be offended by its presence in our political present.
Jewish tradition as well as history encourages us to stand up to authority when that authority is wrong. Mordecai refuses to bow to Haman; Nathan yells at King David for sleeping with Bathsheba and having her husband killed; Moses famously urges Pharoah to change his oppressive ways. Even God is on the receiving end of pushback when Abraham pleads and negotiates to spare Sodom.
I do not think one needs to be Jewish to be outraged by the attempt to denaturalize Ilhan Omar. I think it is also bone-chilling as an American who believes we, including our elected officials, have the right to openly oppose our president, and I am worried as a person who thinks it would be good to continue to live in a democratic republic. And I am sure that there are Jews who will say that Omar deserves to lose her citizenship because she has said things about Israel they do not like.
But the Jewish lens through which I see this is that it is right to challenge power when it is abused, and it is wrong for the powerful to make a show of trying to cast their opponents out of the country.
The point is not whether Trump can make good on the threat to strip Omar of her citizenship and deport her, but that it is obscene to use denaturalization as punishment for being a high-profile political opponent in the first place. If he is trying to make it more dangerous to speak out while being from the “wrong” country, then the rest of us need to say that this is a fundamental misunderstanding of what it means to be an American citizen.
We should do this because we are Americans and we should do this because we are Jews. We should do this because of the ways in which our American and Jewish identities bleed into one another. And, we should do this because we may not know exactly whether it is as Americans or as Jews that we know we have to protect the right to speak truth to power, but we know we need to do it all the same.
The post Whatever you think of Ilhan Omar, these threats are unconscionable appeared first on The Forward.
