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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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Deborah Lipstadt has second thoughts about tying Jackson synagogue arsonist to ‘Globalize the Intifada’
(JTA) — As news broke over the weekend of an arson attack that heavily damaged the only synagogue in Jackson, Mississippi, a few prominent individuals connected the culprit to pro-Palestinian activism.
“This is a major tragedy. But it’s more than that,” Deborah Lipstadt, formerly the State Department’s special envoy to combat antisemitism, wrote on the social network X. “It’s an arson attack and another step in the globalization of the intifada.”
Later, upon learning that the arsonist appeared to have been motivated by a strain of antisemitism associated with the far right, not the pro-Palestinian movement, she walked back her comments — to a degree. But Lipstadt’s initial comments about the arsonist’s motives reflect a larger sense of disorientation among diaspora Jews as they face increased levels of antisemitism from across the spectrum of left-wing, right-wing and Islamist extremism.
Jewish activists and communities have been engaged in fierce debate over which corner poses the greatest threat, and reports of new incidents are often met with immediate speculation over the attacker’s motivations. Lipstadt, an Emory University professor who had served in the State Department under President Biden, has herself criticized the politicization of antisemitism charges. “When you only see it on the other side of the political transom,” she told the Los Angeles Times in 2024, “I have to ask: Are you interested in fighting antisemitism, or was your main objective to beat up on your enemies?”
“Globalize the Intifada” is a term commonly used in left-wing, pro-Palestinian protests. Most of the perpetrators of the large-scale antisemitic attacks in the diaspora since the Oct. 7, 2023 Hamas attacks in Israel — including in Washington, D.C.; Boulder, Colorado; Bondi Beach, Australia; and the arson attack on Pennsylvania Gov. Josh Shapiro’s home — have made their pro-Palestinian and/or Islamist affiliations public.
But when the identity of the Jackson arsonist was revealed and the suspect appeared in court, his comments and social media presence betrayed no obvious link to the pro-Palestinian movement.
Instead the suspect, 19-year-old Catholic school graduate Stephen Spencer Pittman, used language —including “synagogue of Satan” and “Jesus Christ is Lord” — popular among leading figures of the online far right who peddle antisemitism, including Nick Fuentes and Candace Owens. (“Synagogue of Satan” also has deeper roots; it was popularized by Nation of Islam leader Louis Farrakhan.)
An Instagram account appearing to be Pittman’s also contains references to a “Christian diet” and a clip from “Drawn Together,” an adult animated series, referencing an antisemitic “Jew crow.” (One of the show’s creators is Jewish.) Neither Pittman’s public statements in court, nor his Instagram account, referred to pro-Palestinian activism.
In hindsight, was Lipstadt right to preemptively link the fire to “globalize the intifada”?
“It may have been inopportune of me to say that,” she told the Jewish Telegraphic Agency about her invocation of the phrase.
Lipstadt insisted, “I was not saying this was a leftist attack. Clearly it’s not.” Nor did she “mean to suggest that this was an Islamist attack.”
She offered that the phrase, which uses the Arabic word associated with the violent Palestinian uprisings of the late 1980s and early 2000s, could be interpreted as hatred toward Jews coming from all sides.
“If ‘globalize the intifada’ means ‘attack Jews everywhere,’ then it certainly fits,” she said. “So it depends on how you want to interpret the sentence.”
Lipstadt wasn’t the only prominent figure linking the arsonist to “globalize the intifada” and other pro-Palestinian phrases before his identity was revealed.
“It began with BDS. Some said, it’s just words,” Marc Edelman, a Jewish law professor at the City University of New York, wrote on X over the weekend.
He continued, “CUNY Law speech: ‘globalize the intifada.’ Still, just words? Recent pro-Hamas chants. Words again? And now the violence in Pittsburgh, Washington D.C., Sydney, Jackson, Mississippi and more. As the Left used to say, words matter!”
Even a pro-Palestinian politician condemned the arson while also addressing recent hard-line pro-Palestinian activism in her own city.
“Mississippi’s oldest and largest synagogue, and two of their Torah scrolls, were burned yesterday on Shabbat in a horrific antisemitic attack—days after protestors chanted ‘We support Hamas’, here in NYC,” Shahana Hanif, a New York City council member from Brooklyn who won re-election in a race that pivoted largely on Israel, wrote on X.
She was referencing recent pro-Hamas protesters outside synagogues in New York, who have been denounced by progressives who are critical of Israel including Mayor Zohran Mamdani and Rep. Alexandria Ocasio-Cortez.
Hanif added, “These chants are antisemitic and deeply harmful. You can oppose land sales in the West Bank without supporting violence against Jews. Yesterday’s arson in Mississippi is a stark reminder of the consequences of hate.”
She attracted some criticism from the pro-Palestinian movement for her statement — including from the group that organized the pro-Hamas New York synagogue protests, which took offense at the comparison.
“Linking chants at a Palestine protest that support a resistance movement of occupied people to the klan bombing of a synagogue is absolutely irresponsible and disgusting,” PAL-Awda NY/NJ, a radical group, wrote to Hanif.
In the group’s Telegram channel viewed by JTA, PAL-Awda added, “We see you, politicians who claim to support Palestine but then follow the hasbara playbook to link people resisting colonial oppression with white supremacists bombing synagogues in Mississippi.” “Hasbara” is a Hebrew term used to describe Israeli public relations efforts.
Pro-Israel groups, meanwhile, claimed hypocrisy, with some sharing a screenshot of Hanif previously retweeting a pro-Palestinian activist’s post that included the phrase “Globalize the Intifada.” JTA was unable to verify the post.
Unlike Lipstadt, Edelman, the CUNY law professor, told JTA he stands by his initial assessment of the arson.
“Nothing changes the fact that the actions taken in Washington, D.C. and Sydney, Australia, coalesced with an extreme left anti-Israel position,” he said, referring to the mass shootings at the Capital Jewish Museum and Bondi Beach — the former by a declared pro-Palestinian activist, the latter by declared Islamists. (Edelman noted that he recently undertook a Fulbright scholarship in Australia.)
Edelman added, “It is also not surprising that far-right rhetoric, much as it has for generations in this country, has also led to increased violence against minority groups including Jewish Americans.”
But there’s a key difference between the two sides, in Edelman’s eyes.
“The big distinction here, and I say this as a member of the Democratic Party, is that the left has historically been better than this,” he said. “And now, perhaps, they are not.”
For Lipstadt, the incident has largely taught her that Jews shouldn’t spend time trying to determine which kinds of antisemitic attacks, whether from the left or right, are worse.
“It’s all horrible,” she said. “Much of it is lethal. It’s toxic and it’s dangerous.”
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In Jordan’s pick for the Oscars, a contradictory message about ethnonationalism
There’s a disagreement in public discourse about how to understand the First Intifada, the nature of the violence, the scale of destruction, and who is responsible. Even the date it began is a source of controversy — foreign-policy analyst Mitchell Bard points to an Israeli being stabbed to death in Gaza in December 1987; the Institute for Middle East Understanding says it was the killing of four Palestinians by an Israeli truck driver days later — but All That’s Left of You, Jordan’s entry for the Best International Feature Film at the Academy Awards, makes the claim that the real beginning was far earlier.
The film, directed by Cherien Dabis, opens in 1988 with a confrontation between Israeli soldiers and Palestinians in a refugee camp in the West Bank. Stones are thrown, shots are fired, and a teenager, Noor Hammad, is shot in the head. Suddenly, the film cuts to an old woman’s face looking straight into the camera.
“I’m here to tell you who is my son,” the woman, Hanan (played by Dabis), says. “But for you to understand, I must tell you what happened to his grandfather.”
We flash back to 1948, where the film marks the origins of the discontent that led to the First Intifada, just as a Zionist paramilitary unit descends on Jaffa. Noor’s grandfather, Sharif — then a young father — sends his family someplace safer as he faces the Israeli soldiers and is eventually imprisoned for refusing to cede his land. The second part of the film takes place after a 30-year time jump, and shows Sharif instilling a sense of Palestinian nationalism in his grandson Noor.
Noor’s father Salim instructs him to obey the laws of Israeli occupation, believing this will keep Noor out of harm’s way. But then we return to 1988 and the day Noor is shot.
All That’s Left of You is strongest in its moving portrayal of the intergenerational differences that can exist in a single family when it comes to dealing with the Israeli-Palestinian conflict. Even though the 1948 and 1978 sections occasionally meander, the timeline helps viewers understand the pressures in the region and within the Hammad family that led to a boiling point in 1988.
But the culmination of the film’s trauma-filled journey lands as a poor lesson in nationalism.
Towards the end of the film, we see an older Hanan in 2022 in a cafe in Tel Aviv — Jaffa. Hanan debates an Israeli about whether or not an organ can have a nationality, particularly in the context of an organ transfer. Ari, the Israeli, says no. Hanan asserts that yes — a Palestinian heart is always Palestinian no matter what body it occupies.
It’s a not so subtle metaphor for the belief that the land of Israel remains Palestinian in its soul, no matter who occupies it. But that feels like a case for embracing ethnonationalism to try and combat…ethnonationalism. Historically, no matter what name you call it, that patch of earth has always been home to many different people and an important marker of different cultural identities.
All That’s Left of You depicts Palestinian resilience in the face of great oppression but the message seems to be that this abuse is inherent to certain identities. Throughout the film, the characters make blanket statements about Zionists and Israelis as a monolithic force of evil. When these characters are dealing with being imprisoned, barred from their own homes, and humiliated at gunpoint, these angry generalizations are not surprising, especially if that is all they have known for three generations. But the ending argument, that an organ cannot exist without a nationalistic sentiment, does not offer a hopeful message. Up until this point, the film has demonstrated the destructive and dehumanizing effects of ethnocentric possessiveness, but it struggles to disentangle itself from the ideology it seeks to condemn. Instead, it ends up replicating it.
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VIDEO: Chatting in Yiddish during an Iraqi Jewish meal
אין 2022 האָט דער פֿאָרווערטס אַרויסגעלאָזט אַ ווידעאָ, וווּ דער ייִדישער אַקטיאָר מײַק בורשטיין און זײַן פֿרײַנדינע פּערלאַ קאַרני שמועסן אויף ייִדיש בעת זיי עסן אין „פֿאַקטאָרס פֿיימאָס דעלי“ אין לאָס־אַנדזשעלעס.
עטלעכע לייענער האָבן דעמאָלט געזאָגט אַז זיי האָבן הנאה געהאַט פֿונעם ווידעאָ ווײַל, ווי איינער האָט געשריבן: „ס׳האָט מיך דערמאָנט אין די קינדעריאָרן ווען איך פֿלעג זיך אונטערהערן ווי מײַנע קרובֿים רעדן ייִדיש צווישן זיך.“
זינט דעמאָלט זענען אַרויס עטלעכע אַנדערע ווידעאָס, וווּ זיי עסן אין פֿאַרשידענע לאָקאַלן און שמועסן בשעת־מעשׂה אויף מאַמע־לשון.
איצט האָט מען זיי פֿילמירט בעת אַ סעודה פֿון איראַקישע פּאָטראַוועס צוגעגרייט פֿון אַ יונגערמאַן, ניקאָלאַס ניסים, וואָס רעדט אַליין ייִדיש.
דער ווידעאָ, וואָס ווערט באַגלייט מיט ענגלישע אונטערקעפּלעך, איז פּראָדוצירט געוואָרן פֿונעם ייִדישן טעלעוויזיע־קאַנאַל JBS
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