Ben's experience spans civil society, international institutions, government service (including bilateral and multilateral negotiation), and private legal practice.
Strategy for Humanity (2018-present): Director / Consultant
Consultant on human rights, international legal advocacy, accountability mechanisms, and strategic use of law for social change and climate action. See "Expertise" for areas of specialty and services; and "Projects" for examples of recent work, clients and partners.
Open Society Justice Initiative (2010-2018): Legal Officer; Acting Director of Programs; Project Consultant
Managed portfolio of 60 human rights cases: prepared and reviewed proposals for new cases; assessed strategic, legal and factual questions; guided colleagues and local partners in developing legal arguments; review and edit all legal briefs prior to filing.
Drafted legal filings and advocacy documents before the UN Human Rights Committee and Committee against Torture, the European Court of Human Rights, the African Commission on Human and Peoples Rights, and the West African (ECOWAS) Community Court of Justice.
Led development of Economic Justice project: mapped existing initiatives (including land expropriation, international taxation, privatization of public services, investment arbitration); identified opportunities for new work; secured board approval for strategic rationale and options for legal tools and human rights to address tax justice.
Developed arguments that tax havens violate WTO obligations
Organized annual summer school on strategic litigation for human rights lawyers from five continents; led courses on drafting, remedies and human rights systems. Prepared toolkit for preparing claims of torture and death in custody to UN treaty bodies; and guidelines on drafting human rights claims.
Coordinate development of 2018-21 strategy, reviews of portfolios of work and preparation for board meetings; review project narratives and grant proposals.
International Criminal Court (2005-2010): Appeals Counsel (Office of the Prosecutor)
Represented Office of the Prosecutor in interlocutory appeals across all situations and cases, involving war crimes, crimes against humanity, and genocide. Analyzed decisions and advised on possible errors; developed strategies on appeal; and drafted full range of pleadings in appellate litigation.
Conducted extensive legal research on international criminal law and procedure, treaty interpretation, and comparative law.
Provided strategic and legal advice to trial teams during investigations and trials, including on characterization of armed conflicts, individual responsibliity, disclosure and security obligations; reviewed draft filings to pre-trial and trial chambers.
Analyzed evidence in early situations (including Darfur, Sudan) to develop investigation plans and prioritize case hypotheses.
Australian Attorney-General's Department (2001-2005): Senior Legal Officer (International Crime and Criminal Law Branches)
Advised on and facilitated Australia’s ratification of the Statute of the International Criminal Court.
Coordinated amendments to legislation implementing Australia’s obligations under the ICC Statute, including criminalizing all relevant war crimes and other offences.
Prepared briefings on proposed legislation and ratification for Government Ministers.
Represented Australia at ICC Preparatory Commission and Assembly of States Parties.
Advised Government on implications of Australia’s membership of the ICC on operational and diplomatic matters. Awarded Attorney-General’s Australia Day Award for outstanding teamwork assessing the current law of armed conflict for the Iraq operation (2004).
Developed regional strategies to combat people smuggling, trafficking in persons, and related transnational crime, including analyzing domestic policy and legal frameworks and preparing agreements for international legal cooperation.
Designed and facilitated workshop for justice and immigration officials from regional governments to develop key elements for investigation and prosecution of relevant crimes.
Conducted consultations and drafted offences to criminalize trafficking in persons.
Jackson McDonald (2000-2001): Barrister and Solicitor
Took instructions from clients in tort and contract disputes; interviewed witnesses; drafted witness statements, legal advices and court documents.
Acted as instructing solicitor in three week state Supreme Court trial; appeared as counsel at numerous motion hearings; represented clients in formal and informal negotiations.