I agree. But I don't think it was unintentional on Nolan's part, especially because in Goyer's draft this scene was completely different and much more conventional:Vader182 wrote:We just had a bit debate about this elsewhere.
But, not saving him is the same thing as murder, since his direct action (in this case lack of) resulted in the death of someone, especially because he's the one who has the train destroyed.
Here Batman doesn't really make a conscious decision not to save Ra's. He just fights for his own life.Ra’s DIVES onto Batman- SMASHES him against the roof- the train LURCHES, SCRAPING against the concrete guiderails...
Batman ROLLS Ra’s onto the bottom- but Ra’s is CHOKING Batman, THUMBS PUSHED DEEP INTO THE FLESH ABOVE BATMAN’S NECKPIECE...
Batman STRUGGLES uselessly against Ra’s Al Ghul IRON GRIP...
RA’S AL GHUL
Are you afraid?!!
Ra’s looks up at Batman’s DYING eyes... Batman’s hands STOP PUSHING against Ra’s...
BATMAN
(choked)
Yes...
...and slip down his cloak to the activating pockets-
BATMAN (CONT’D)
...but not of you.
The cloak goes RIGID- CATCHES THE WIND- like pulling a rip cord- Batman YANKED from Ra’s Al Ghul’s hands, INTO THE
AIR...
Ra’s SCREAMS as he rides the train OFF THE MONORAIL...
In the film, instead, Nolan deliberately draws the attention on Batman's choice not to act. I think that this may be part of Batman's nature as a "dark knight". Maybe that line is more about Batman's motives than the direct effect of his actions: he accepts to serve pure, blind justice and he lets go of both revenge and compassion (and that's what makes him such a tragic figure). "I won't kill you" = I won't administer punishment with my own hands." But I don't have to save you" = And neither mercy.