n South African Journal of Criminal Justice - Victims of crime in international law and constitutional law : is the state responsible for establishing restitution and state-funded compensation schemes?

Volume 23, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



This article investigates the legitimate expectations of victims of crime regarding provision for redress in domestic legal systems and focuses on the relationship between international law and South African constitutional law. The extent to which South African law complies with the expectations of international law in the treatment of victims of crime is considered, as well as South Africa's obligations in this regard. While conclusive evidence is not found that international law places a legally binding obligation on states to institute state-funded victim compensation schemes and efficient restitution provisions, it is found that these matters will have to be addressed if South Africa sees itself as playing an increasingly pivotal role on the international scene, both generally and in the African context.

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