Failure to Prevent Sample Clauses

Failure to Prevent. The Hostage tribunal held that a superior was obligated to take “effective steps” to prevent his subordinates from committing crimes.111 In practice, the failure to prevent was an issue in the first High Command scenario mentioned above: when a superior became aware that his superiors had issued illegal orders that his subordinates were likely to execute. According to 107 G. Brand, The War Crimes Trials and the Laws of War, 26 BRIT. Y.B. INT’L L. 414, 425 (1949). 108 High Command, XI TWC 520. 109 Id. at 548. 110 Id. at 547. 111 Hostage, XI TWC 1257. the Hostage tribunal, a superior in such a situation was “required to rescind [the] illegal orders” as long as time permitted it.112