Elizabeth Odio Benito
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Elizabeth Odio Benito (born 15 September 1939) is a lawyer and politician from Costa Rica. She served as President in the
Inter-American Court of Human Rights The Inter-American Court of Human Rights (I/A Court H.R.) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a human r ...
from 2018 to 2020. She was a Vice-President of the
International Criminal Court The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
and of the
International Criminal Tribunal for the Former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
. She was twice appointed Justice Minister in her home country of
Costa Rica Costa Rica, officially the Republic of Costa Rica, is a country in Central America. It borders Nicaragua to the north, the Caribbean Sea to the northeast, Panama to the southeast, and the Pacific Ocean to the southwest, as well as Maritime bo ...
, later becoming Vice-President of the Republic. Her background is as an academic lawyer, specialising in the
administration of justice The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. Australia In ''Attorney General for ...
and
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
, in particular the
rights of women Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, ...
.


Early life and education

Although born in
Puntarenas Puntarenas () is a city in the Puntarenas Province, on the Pacific coast of Costa Rica. As the seat of the Municipality of Puntarenas canton, it is awarded the title of city, which comprises the Puntarenas, Chacarita and El Roble districts. A ...
, 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 The University of Costa Rica (Spanish: ''Universidad de Costa Rica,'' abbreviated UCR) 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 Mo ...
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 is an interdisciplinary academic field devoted to analysing gender identity and gendered representation. Gender studies originated in the field of women's studies, concerning women, feminism, gender, and politics. The field n ...
, with an emphasis on crimes committed against women.


Political career in Costa Rica

From 1976 to 1978 she served as Secretary to the Colegio de Abogados, the
bar association A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence.
of Costa Rica, and in 1978 was appointed to the joint offices of Minister of Justice and
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
, 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 (born 14 March 1949) was 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 candida ...
. 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 Echeverría (born 9 January 1940) is a Costa Rican economist, lawyer, businessman and politician who served as President of Costa Rica from 1998 to 2002. He was minister of planning from 1968 to 1970 and minister of the ...
and First Vice-President Astrid Fischel Volio; during this time she was also Minister for the Environment and Energy.


Career in International Law


Judge of the International Criminal Tribunal for the former Yugoslavia, 1993–1998

Odio Benito's involvement in international justice began during her second ministerial term, with her 1993 appointment as a judge on the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
. 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 is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
. Her interpretation, based on a case of two
Serbian Serbian may refer to: * Pertaining to Serbia in Southeast Europe; in particular **Serbs, a South Slavic ethnic group native to the Balkans ** Serbian language ** Serbian culture **Demographics of Serbia, includes other ethnic groups within the co ...
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 The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
working group A working group is a group of experts working together to achieve specified goals. Such groups are domain-specific and focus on discussion or activity around a specific subject area. The term can sometimes refer to an interdisciplinary collab ...
that drew up the
Optional Protocol to the Convention against Torture The Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the Optional Protocol to the Convention Against Torture (OPCAT)) is a treaty that supplements to the 1984 Un ...


This additional treaty, open to any State that is party to the main UN United Nations Convention Against Torture, 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.


Judge of the International Criminal Court, 2003–2012

Odio Benito's 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 de la Espriella ( ; born 22 December 1933) is a Costa Rican politician who was president of Costa Rica between 2002 and 2006, representing the Social Christian Unity Party ''(Partido Unidad Social Cristiana'' – PUSC). He ran on ...
withdrew support without explanation. Various women's groups mobilised to campaign for her readmittanc

She was eventually renominated by
Panama Panama, officially the Republic of Panama, is a country in Latin America at the southern end of Central America, bordering South America. It is bordered by Costa Rica to the west, Colombia to the southeast, the Caribbean Sea to the north, and ...
, whose then president,
Mireya Moscoso Mireya Elisa Moscoso Rodríguez (born 1 July 1946) is a Panamanian politician who served as the President of Panama from 1999 to 2004. She is the country's first and to date only female president. Born into a rural family, Moscoso became act ...
, 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. When the International Criminal Court sentenced
Congolese Congolese or Kongolese may refer to: African peoples * Congolese people (disambiguation) * Kongo people, a Bantu ethnic group who live along the Atlantic coast of Africa from Pointe-Noire (Republic of Congo) to Luanda, Angola, primarily defined by ...
warlord Warlords are individuals who exercise military, Economy, economic, and Politics, political control over a region, often one State collapse, without a strong central or national government, typically through informal control over Militia, local ...
Thomas Lubanga Thomas Lubanga Dyilo (born 29 December 1960) is a convicted war criminal from the Democratic Republic of the Congo (DRC) and the first person convicted by the International Criminal Court (ICC). He founded and led the Union of Congolese Patrio ...
to 14 years in prison in July 2012 for using
child soldier Children in the military, including state armed forces, non-state armed groups, and other military organizations, may be trained for combat, assigned to support roles, such as cooks, porters/couriers, or messengers, or used for tactical adv ...
s in his rebel army in 2002 and 2003 – the first sentence imposed by the court in its history –, Odio Benito disagreed with her two fellow judges and in a
dissenting opinion A dissenting opinion (or dissent) is an Legal opinion, opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opi ...
said that 15 years would have been more appropriate given the harm done to the victims and their families, particularly due to harsh punishments and sexual violence against the UPC's
child soldier Children in the military, including state armed forces, non-state armed groups, and other military organizations, may be trained for combat, assigned to support roles, such as cooks, porters/couriers, or messengers, or used for tactical adv ...
s.Matt Steinglass (July 10, 2012)
Congo warlord Lubanga jailed for 14 years
''
Financial Times The ''Financial Times'' (''FT'') is a British daily newspaper printed in broadsheet and also published digitally that focuses on business and economic Current affairs (news format), current affairs. Based in London, the paper is owned by a Jap ...
''.


Judge of the Interamerican Court of Human Rights

Odio Benito served as a judge of the Inter-American Court of Human Rights from 2016 to 2020. She served as President in the
Inter-American Court of Human Rights The Inter-American Court of Human Rights (I/A Court H.R.) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a human r ...
from 2018 to 2020. She was the second woman to hold this position.


Lectures

''Los crimenes de violencia sexual en el derecho internacional penal de los siglos XX y XXI (El nuevo orden jurídico internacional a partir de 1945 y su ausencia de perspectiva de genero)''
in th


Awards

Odio was inducted into
La Galería de las Mujeres de Costa Rica La Galería de las Mujeres de Costa Rica (The Women's Gallery of Costa Rica) was founded in March 2002 to recognize the contributions of women to the cultural, political and socio-economic development of Costa Rica Costa Rica, officially th ...
(The Costa Rican Gallery of Women) in 2002 for her contributions to human rights.


References


External links

* https://web.archive.org/web/20070606205304/http://www.icc-cpi.int/presidency/secondvice.html – ICC biography * https://web.archive.org/web/20050118192140/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 {{DEFAULTSORT:Odio Benito, Elizabeth 1939 births Living people People from Puntarenas Vice presidents of Costa Rica International Criminal Court judges International criminal law scholars 20th-century Costa Rican judges Costa Rican women judges International Criminal Tribunal for the former Yugoslavia judges 21st-century Costa Rican judges Justice ministers of Costa Rica Costa Rican women lawyers University of Costa Rica alumni National University of Costa Rica alumni University of Buenos Aires alumni Women government ministers of Costa Rica Women vice presidents of Costa Rica Costa Rican judges of United Nations courts and tribunals Costa Rican judges of international courts and tribunals Female justice ministers 20th-century women judges 21st-century women judges 20th-century Costa Rican women politicians 20th-century Costa Rican politicians 21st-century Costa Rican women politicians 21st-century Costa Rican politicians