Elizabeth Odio Benito (born 15 September, 1939) is a Vice-President of the
International Criminal Court. She previously served as a judge on the
International Criminal Tribunal for the Former Yugoslavia, and in her home country
of Costa Rica was twice appointed Justice Minister, later becoming Vice-President
of the Republic. Her background is as an academic lawyer, specialising in the
administration of justice and human rights, in particular the rights of women.
Although born in Puntarenas, the first child of Emiliano Odio Madrigal and
Esperanza Benito Ibañez, most of her early life was spent in
San José, where she attended the Colegio Superior
de Señoritas. The law was something of a tradition on her father's side of the
family; Odio Benito was particularly encouraged by her lawyer uncle, Ulises Odio Santos,
to study that subject. She graduated with a master's degree from the
University of Costa Rica in 1964, where she remained for much of her academic
career, rising to a full professorship in 1986 and Vice-President
for Academic Affairs in 1988. During this period, she began to work in the field
of gender studies, with an emphasis on crimes committed against women.
Meanwhile, Odio Benito was becoming increasingly involved in the administration of
justice. From 1976 to 1978 she served as Secretary to the Colegio de Abogados ,
the bar association of Costa Rica, and in 1978 was appointed to the joint
offices of Minister of Justice and Attorney General, which she held until 1982
when the National Liberation Party took the presidency. In 1990 she returned for
another four-year term as Minister of Justice, under President Rafael Ángel Calderón Fournier. The peak of her domestic political career came in 1998, with
her election as Second Vice-President alongside President Miguel Ángel Rodríguez
and First Vice-President Astrid Fischel Volio ; during this time she was also
Minister for the Environment and Energy.
Elizabeth Odio Benito's involvement in international justice began during her second
ministerial term, with her 1993 appointment as a judge on the Former Yugoslavia criminal
tribunal. This was the first time she had sat as a judge, a fact for which she has
been criticised by some of the tribunal participants. A major contribution during
these proceedings was Odio Benito's successful effort to have rape and other sexual
assaults considered as torture. Her interpretation, based on a case of two Serbian
women raped in the Čelebići detention camp, is now an accepted principle
of international law. In 1998 Odio Benito left ICTY as a consequence of becoming
Vice-President, but she continued to play an active role in related areas of the law.
Most notably, she was president of the United Nations Working Group that drew up the
Optional Protocol to the Convention against Torture [1]. This controversial treaty amendment
allows for international inspections of any prison, detention camp, or similar facility,
to ensure that torture is not being practiced there. (As of 2004, it is not yet in
force, having been ratified by only three states from the required twenty.)
Her election to the International Criminal Court was not without controversy. Her
candidacy had initially been sponsored by Costa Rica, but President Abel Pacheco
withdrew support without explanation. Since they are members of the same political
party, there may be any number of reasons why the President would seek to undermine
her. It has been suggested by the pro-life movement that Odio Benito's permissive
stance on abortion motivated Pacheco to move against her [2].
In any case, various women's groups mobilised to campaign for her readmittance [3]. She
was eventually renominated by Panama, whose then president, Mireya Moscoso, is
another noted activist for women's rights. Odio Benito was thus the only candidate
not to be sponsored by her own nation. Nevertheless, she was elected in the first
out of thirty-three rounds of voting, indicating strong support from the States Parties.
The ICC officially opened on March 11, 2003, with Elizabeth Odio Benito as
Second Vice-President.
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