ABSTRACT
The chapter analyses the need for accountability for a failure to act, and considers three alternative legal remedies to constitute accountability. First, in situations where international humanitarian law applies, the introduction of a separate type of command responsibility for peacekeeping commanders under international criminal law may be a viable alternative. Developing a type of command responsibility for peacekeeping commanders would recognise the failure to protect as a distinct type of liability in international criminal law. A second option is the use of domestic tort liability for failures to act. A third option is the development of a separate legal paradigm for peacekeeping that could be used in all situations of peacekeeping, irrespective of whether the commanders are involved in the conflict.
