Honorific-Prefix: | Baroness |
Christine Van Den Wyngaert | |
Office: | Judge of the International Criminal Court |
Term Start: | 11 March 2009 |
Term End: | 10 March 2018 |
Nominator: | Belgium |
Birth Date: | 1952 4, df=yes |
Birth Place: | Antwerp, Belgium |
Nationality: | Belgian |
Alma Mater: | Vrije Universiteit Brussel |
Profession: | Teaching, Jurist, Judge, Lawyer |
Christine, Baroness Van den Wyngaert (born 2 April 1952) is a Belgian jurist and judge. She served as international and comparative criminal law expert from 2009 to 2018 as a judge on the International Criminal Court.[1] She served in the Trial Division Chamber. On 8 July 2013, Van den Wyngaert was ennobled by King Albert II of Belgium as a baroness for her services as a judge. From 2003 to 2005 she was a Judge at the International Criminal Tribunal for the former Yugoslavia, and from 2000 to 2002 an ad hoc judge on the International Court of Justice.
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.[8]
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.[9] 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.[10] She also held that Katanga was not intentionally responsible for the crimes and said it was unfair to convict him as an accessory when he had originally been charged with being central to the crimes' commission.[10]
In June 2014 she wrote a dissenting opinion during the pre-trial of the case The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé, holding she was unable to join her colleagues in their decision to confirm the charges against Laurent Gbagbo and that in her view that the evidence was still insufficient.[11]
Van den Wyngaert is on the steering committee for The Crimes Against Humanity Initiative, which was launched in 2008 to study the need for a new comprehensive global convention on the prevention and punishment of crimes against humanity.[12]
She has also served as rapporteur for the International Law Association on extradition and human rights and a general reporter for the Association Internationale de Droit Pénal in Budapest relating to international cooperation to combat organized crime.
A list of publications by Van Den Wyngaert up to 2004 is enclosed in CV Judge Van den Wijngaert at the Foreign Affairs Belgium website.