chapter  6
29 Pages

The peacekeeping commander as bystander

A moral obligation to act?
WithLenneke Sprik

This chapter addresses the moral duty that underlies the notion of a bystander, which will be different for a public official than just any other person. It also addresses how bystander responsibility is perceived in civil and common law and the definition of the actus reus and mens rea for bystander liability. The chapter also discusses the disproportionality of applying the mode of liability to Battalion Commanders in peacekeeping operations, along with other practical and legal constraints to the use of bystander liability in the context of peacekeeping.