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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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University of Michigan will have a leader who defended pro-Palestinian protesters in court
A civil rights attorney who defended pro-Palestinian protesters in court and made social media posts viewed as pro-Hezbollah and antisemitic, has won his bid for the University of Michigan Board of Regents.
Michigan is one of a few states in which voters play a direct role in choosing university overseers. As a regent, Amir Makled (D) will help oversee expenditures at the university where his clients, the student protesters, were arrested. The position is unpaid and carries an eight-year term. Democrat Paul Brown won the other seat up for election, maintaining the board’s 6-2 Democratic majority.
Makled beat out Republican challenger Lena Epstein, who is Jewish and previously identified as a “Jewish Messianic believer of Christ,” but recanted the statement and later said she was “100% Jewish.” Mainstream Judaism does not accept Messianic Jews because they believe in the divinity of Christ and try to convert Jews to Jesus.
Epstein told the Forward in an April interview that the Democrats had handed her an opportunity to win the seat by endorsing Makled, who was facing intense scrutiny. In one of his controversial posts, Makled called Hezbollah leader Hassan Nasrallah a “martyr” after he was killed by Israeli strikes in 2024. He lost an endorsement from Service Employees International Union for the posts and later deleted them.
In the regents race, voters picked up to two of six candidates, with the top two winning. Makled received 25.6% of the vote while Brown received 27.2%. Epstein received 22.2% while her fellow Republican Michael Schostak received 22.6%.
Makled’s election comes as part of a wave of Democratic Party wins, including in Michigan, which elected as Senator Abdul El-Sayed (D), who also faced severe backlash for statements related to Israel and Gaza and for appearing alongside streamer Hasan Piker, who has been accused of antisemitic rhetoric.
Israel played a major role in the rhetoric surrounding Michigan’s midterms. But voters, including 60% of Jewish voters that voted for El-Sayed according to early exit polls, favored sharp critics of the Jewish state to candidates in support of it.
The post University of Michigan will have a leader who defended pro-Palestinian protesters in court appeared first on The Forward.
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This grandson of Holocaust survivors is headed to Congress. The ADL has concerns about his antisemitism record.
The election of Daniel Biss, a Jewish critic of Israel, to an Illinois congressional seat Tuesday has sparked a public feud between the Anti-Defamation League and the liberal Zionist group J Street over whether the ADL remains a credible voice in the fight against antisemitism.
After Biss, the former Jewish mayor of Evanston, Ill., won his seat Tuesday night, the ADL Midwest took to social media to express “serious concerns” about Biss’ “approach to antisemitism.”
J Street, which had endorsed Biss, hit back, noting that Biss is the grandson of Holocaust survivors and calling the ADL’s statement “a shanda,” the Yiddish word for disgrace.
“It is hard to read this statement without wondering how far the ADL has drifted from the organization it once was – a gold standard in our community for standing up against bigotry, hatred and discrimination,” J street wrote on X.
Biss, who speaks Hebrew and spent childhood summers in Israel, was elected with 75% of the vote in a district where 11% of the electorate is Jewish.
“It saddens me to watch the ADL, once a preeminent civil rights organization, devolve into an entity that traffics in fear, intimidation and extremism,” Biss wrote in a statement to the Forward. “This kind of rhetoric does nothing to keep the Jewish people safe—in fact, it undermines that very cause.”
The ADL has long faced scrutiny from critics who view the watchdog group as labeling too broad a swath of Israel criticism as antisemitic, while less forcefully condemning antisemitism when it comes from the political right.
“Our statement speaks for itself,” an ADL spokesperson wrote in an email to the Forward.
In its statement, the ADL pointed to a specific set of concerns involving Biss’ record as mayor of Evanston, Illinois, the college town home to Northwestern University.
Biss did not provide Evanston police support that Northwestern requested after reported “antisemitic conduct” at the Gaza war encampment on campus in April 2024, the ADL said, “raising serious questions about whether the safety, dignity, and equal access of Jewish students were treated with the urgency they required.”
Biss has defended his decision not to dispatch police to the encampment, writing in response to a congressional inquiry that forcibly clearing the protest would have gone against police department advice and suppressed “constitutionally protected speech.”
The ADL also said that Biss “dismissed scrutiny of his response as a politically motivated attack fueled by AIPAC, rather than substantively addressing the concerns raised by Jewish students and community members.”
Biss made opposition to AIPAC a central theme of his primary campaign for Congress after the hardline pro-Israel lobbying group spent millions opposing him and supporting another candidate, state Sen. Laura Fine.
In an interview with the Forward in March, Biss said it was “absurd” that AIPAC opposes imposing any conditions on U.S. military aid to Israel. “And then try to enforce it with millions of dollars of dark money, is certainly bad for democracy and bad for our politics here in America,” Biss added.
At the same time, Biss faced pressure to his left on Israel in the primary, defeating Kat Abughazaleh, a Palestinian-American who has characterized Israel’s conduct in Gaza as a genocide. Biss, who has described himself as a progressive Zionist, declined to use the word genocide, despite repeated calls from Abughazaleh to do so.
In a March op-ed in The Nation, Biss wrote that he believed he was one of AIPAC’s top targets partly because “I’m the grandson of Holocaust survivors. My mother is Israeli. My extended family lives in Israel. AIPAC knew that they couldn’t dismiss me as anti-Israel or antisemitic.”
The ADL also criticized Biss for supporting the repeal of an anti-BDS law, which bars Illinois from investing public pension funds in companies that boycott Israel. That position, the ADL said, “raises additional concerns about his willingness to stand against efforts to isolate and delegitimize the Jewish state.”
In an April Substack post explaining his position, Biss said that he personally opposes the global movement to boycott Israel, but he does not believe the government should “stop people from using their economic agency to advocate for their values.”
Biss will succeed Rep. Jan Schakowsky, a Jewish lawmaker who represented the district for nearly three decades and was also an outspoken critic of AIPAC.
The post This grandson of Holocaust survivors is headed to Congress. The ADL has concerns about his antisemitism record. appeared first on The Forward.
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At the Vatican, two elderly men — one Jewish, one Catholic — exchange gifts and mutual admiration
On Wednesday, two senior citizens, Robert Zimmerman, 85, a Jew originally from Minnesota, and Robert Prevost, 71, a Catholic of Chicago, had a brief meeting at the younger man’s office in central Italy.
Sources on the scene report that Zimmerman was in town for business and Prevost, who goes professionally by Leo, had recently cited Zimmerman’s work in the preface to a book about nuclear disarmament.
Both men dressed in uniform, looking a bit Spy Vs. Spy, with Zimmerman in a black hoodie and Prevost in white with a small white skull cap. The confab was brief, a bulletin from Prevost’s workplace reported, consisting of “greetings and a few lighthearted exchanges.”
Prevost gifted Zimmerman with prayer beads, and Zimmerman presented Prevost with a copy of his memoir, published under his pen name, Bob Dylan.
While Zimmerman was raised in a Jewish home, he had, for a time in the late 1970s to early 1980s, converted to born-again Christianity, confounding many.
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