
doi: 10.2139/ssrn.2777441
The following study examines the case of Judge Odio Benito of the International Criminal Tribunal for the former Yugoslavia who, by running for, being elected, and taking up the office of Vice-President of Costa Rica, made judicial independence an issue. Judge Odio Benito appears to have violated conventional and customary norms of international law along with the general principles of law precluding an international judge from holding a domestic executive post. Beyond this, the judge also appears to be in a conflict of interest, as Costa Rica currently holds a seat on the United Nations Security Council, the organ which created the ad hoc Yugoslav Tribunal. The various arguments, taken separately appear to make a strong case in favour of Judge Odio Benito having to resign, however, when taken together, it becomes clear that the Judge is in violation of one of the most fundamental norms of international law: that an international judges must, above all, remain independent.
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