On 8 July 2013, Van den Wyngaert was ennobled by King Albert II of Belgium as a baroness for her services as a judge.
In March 2012, the Presidency of the ICC announced that Van Den Wyngaert and her fellow judges Kuniko Ozaki and Chile Eboe-Osuji would form Trial Chamber V, which was responsible for the prosecutor's investigation in Kenya.
By April 2013, Van Den Wyngaert asked to be excused from hearing a crimes-against-humanity case against Uhuru Kenyatta and William Ruto after questioning the conduct of the prosecution under Fatou Bensouda.
[9] When Congolese warlord Germain Katanga was convicted in March 2014 of being an accessory to one count of crime against humanity and war crimes including murder and pillage – only the second conviction in the 12-year history of the ICC –, Van den Wyngaert partially disagreed with her two fellow judges Fatoumata Dembele Diarra and Bruno Cotte.
[10] In her dissenting opinion, she argued Katanga's trial had lasted too long and that he should have been acquitted in 2013 along with his co-accused Mathieu Ngudjolo.