ABSTRACT
This chapter addresses the Battalion Commander’s accountability for omissions from a domestic perspective. It outlines the main elements of omission liability, such as the actus reus and mens rea. If the mandate is considered similar to a contract or is at least legally binding, the Battalion Commanders can be considered responsible for the civilians’ wellbeing. Despite the special position held by the Battalion Commanders, acting against serious atrocities being committed may appear unreasonable due to the risk this would pose to the commanders. If the Battalion Commanders had the ability to act, in combination with their specific quality as military commanders, and was mandated to protect, this may impose a positive obligation to act on the military commander. If the Battalion Commanders were to incur liability for omissions, however, the degree of liability would not reflect a reasonable level of culpability. Particular attention also goes out to the practical constraints in the domestic adjudication of peacekeeping conduct.
