The Rome Statute saw the provision of three statutory rights for victims: the right to participation, protection, and reparations. The addition of these rights is an attempt to incorporate elements of restorative and reparative justice processes into a primarily retributive system. The emerging jurisprudence shows there are competing tensions developing in all areas. The right to participation saw initially broad decisions consistently scaled back by the Appeals Chamber to ensure a more streamlined approach. The right to protection, in contrast, has continued to be upheld by all Court levels resulting in significant trial challenges and delays. While the right to reparations remains untested, it is likely to only partially fulfill restorative aims. This thesis argues that while victim involvement has altered the traditional trial process, restorative aims will remain unmet. However, victim involvement has begun to shed light on the competing purposes of justice within the Rome Statute framework.

One of the fundamental objectives of the criminal justice system in any country is to punish, rehabilitate, deter, incapacitate and reintegrate offenders into communities. The main motive of punishment therefore is to transform criminals into responsible and law-abiding citizens. Parole is acknowledged as an internationally accepted mechanism that allows for the conditional release of offenders from correctional centres into the community and forms one of the most important components of the criminal justice system value chain. The release of the offenders on parole therefore, does not negate the objectives of punishment but entrenches them through setting conditions by which all parolees must abide by. In other words, all offenders released on parole are supervised at all times by parole officials within their communities to ensure that they comply with their conditions. It is for this function- to grant parole to offenders, that the parole boards have been established in different countries. The Department of Correctional Services in South Africa has adopted the independent model of parole which provides for the parole boards that are headed by independent members from the public appointed by the Minister of Correctional Services. Parole is administered by the parole boards and has, as one of its main functions the release of offenders based on their eligibility. The absence of the performance management system for the parole board makes parole board decision making less transparent and government accountability difficult to establish. Performance management systems have been used to strengthen good governance. The purpose of this study is to contribute to the design of a model of performance management of the parole boards in the Department of Correctional Services in South Africa. / Penology / D.Litt. et Phil. (Penology)

One of the fundamental objectives of the criminal justice system in any country is to punish, rehabilitate, deter, incapacitate and reintegrate offenders into communities. The main motive of punishment therefore is to transform criminals into responsible and law-abiding citizens. Parole is acknowledged as an internationally accepted mechanism that allows for the conditional release of offenders from correctional centres into the community and forms one of the most important components of the criminal justice system value chain. The release of the offenders on parole therefore, does not negate the objectives of punishment but entrenches them through setting conditions by which all parolees must abide by. In other words, all offenders released on parole are supervised at all times by parole officials within their communities to ensure that they comply with their conditions. It is for this function- to grant parole to offenders, that the parole boards have been established in different countries. The Department of Correctional Services in South Africa has adopted the independent model of parole which provides for the parole boards that are headed by independent members from the public appointed by the Minister of Correctional Services. Parole is administered by the parole boards and has, as one of its main functions the release of offenders based on their eligibility. The absence of the performance management system for the parole board makes parole board decision making less transparent and government accountability difficult to establish. Performance management systems have been used to strengthen good governance. The purpose of this study is to contribute to the design of a model of performance management of the parole boards in the Department of Correctional Services in South Africa. / Penology / D.Litt. et Phil. (Penology)