Elizabeth Odio Benito
Encyclopedia
Elizabeth Odio Benito 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. http://www.ohchr.org/english/law/cat-one.htm This additional treaty, open to any State that is party to the main UN Convention Against Torture
anti-torture Convention, allows for international and independent national experts to visit any prison, detention camp, or similar facility, speak in private with people held there, and make recommendations to authorities aimed at preventing torture or other abuse from being practiced there. The Optional Protocol entered into force on 22 June 2006. As of 31 January 2007 it had 32 State Parties with a further 31 States have signed but not yet ratified the Protocol.
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 http://www.lifesite.net/ldn/2003/mar/03031201.html.
In any case, various women's groups mobilised to campaign for her readmittance.http://www.women.ucla.edu/csw/ICC.html 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 11 March 2003, with Elizabeth Odio Benito as
Second Vice-President.
International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
. She previously served as a judge on the
International Criminal Tribunal for the Former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
, and in her home country
of Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
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
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, in particular the rights of women.
Although born in Puntarenas
Puntarenas
Puntarenas is the capital and largest city in the province Puntarenas, Costa Rica, at the Pacific coast. The eponymous and oddly shaped province has its largest section in the South, far from the capital.Some 100,000 live in the city and close towns...
, the first child of Emiliano Odio Madrigal and
Esperanza Benito Ibañez, most of her early life was spent in
San José
San José, Costa Rica
San José is the capital and largest city of Costa Rica. Located in the Central Valley, San José is the seat of national government, the focal point of political and economic activity, and the major transportation hub of this Central American nation.Founded in 1738 by order of Cabildo de León, San...
, 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
University of Costa Rica
The University of Costa Rica is a public university in the Republic of Costa Rica, in Central America. Its main campus, Ciudad Universitaria Rodrigo Facio, is located in San Pedro, in the province of San José. It is the oldest, largest, and most prestigious institution of higher learning in...
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
Gender studies
Gender studies is a field of interdisciplinary study which analyses race, ethnicity, sexuality and location.Gender study has many different forms. One view exposed by the philosopher Simone de Beauvoir said: "One is not born a woman, one becomes one"...
, 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
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
of Costa Rica, and in 1978 was appointed to the joint
offices of Minister of Justice and Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, 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
Rafael Ángel Calderón Fournier
Rafael Ángel Calderón Fournier served as President of Costa Rica from 1990 to 1994. He was the presidential candidate of the Social Christian Unity Party for the national elections held in February 2010, but resigned his candidacy on 5 October 2009, when he was sentenced to five years in prison...
. The peak of her domestic political career came in 1998, with
her election as Second Vice-President alongside President Miguel Ángel Rodríguez
Miguel Ángel Rodríguez
Miguel Ángel Rodríguez Echeverría is a Costa Rican economist, lawyer, businessman, and politician. He served as President of Costa Rica from 1998 to 2002 and was briefly Secretary General of the Organization of American States in 2004, before stepping down and returning to his country to face...
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
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
. Her interpretation, based on a case of two Serbian
Serbs
The Serbs are a South Slavic ethnic group of the Balkans and southern Central Europe. Serbs are located mainly in Serbia, Montenegro and Bosnia and Herzegovina, and form a sizable minority in Croatia, the Republic of Macedonia and Slovenia. Likewise, Serbs are an officially recognized minority in...
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
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
working group
Working group
A working group is an interdisciplinary collaboration of researchers working on new research activities that would be difficult to develop under traditional funding mechanisms . The lifespan of the WG can last anywhere between a few months and several years...
that drew up the
Optional Protocol to the Convention against Torture. http://www.ohchr.org/english/law/cat-one.htm This additional treaty, open to any State that is party to the main UN Convention Against Torture
United Nations Convention Against Torture
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world....
anti-torture Convention, allows for international and independent national experts to visit any prison, detention camp, or similar facility, speak in private with people held there, and make recommendations to authorities aimed at preventing torture or other abuse from being practiced there. The Optional Protocol entered into force on 22 June 2006. As of 31 January 2007 it had 32 State Parties with a further 31 States have signed but not yet ratified the Protocol.
Her election to the International Criminal Court was not without controversy. Her
candidacy had initially been sponsored by Costa Rica, but President Abel Pacheco
Abel Pacheco
Abel Pacheco de la Espriella was president of Costa Rica between 2002 and 2006, representing the Social Christian Unity Party ...
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
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
movement that Odio Benito's permissive
stance on abortion motivated Pacheco to move against her http://www.lifesite.net/ldn/2003/mar/03031201.html.
In any case, various women's groups mobilised to campaign for her readmittance.http://www.women.ucla.edu/csw/ICC.html She
was eventually renominated by Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
, whose then president, Mireya Moscoso
Mireya Moscoso
Mireya Elisa Moscoso Rodríguez de Arias is a Panamanian political figure. She was the President of Panama from 1999 to 2004, representing the Arnulfista Party...
, 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 11 March 2003, with Elizabeth Odio Benito as
Second Vice-President.
External links
- http://www.icc-cpi.int/presidency/secondvice.html - ICC biography
- http://www.icc-cpi.int/library/organs/presidency/curriculumvitae_odio_benito.pdf - Curriculum vitae supporting ICC candidacy
- http://www.abogados.or.cr/revista_elforo/foro3 - Issue of the Colegio de Abogados magazine with several articles on Odio Benito (Spanish)
- http://www.un.org/law/icc/elections/results/judges_results.htm - ICC election results