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One guilty of misfeasance.

[Anglo-Norman mesfesor, from mesfere, to do wrong; see misfeasance.]
American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.
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(27) If the misuse occurred during a temporary duty assignment, the misfeasor may also be held "responsible for any additional cost resulting from unauthorized use...." (28) In short, it is well worth the effort to seek the commander's determination of official use and to thoroughly document his decision.
The misfeasor's negative duty can now be described as an affirmative duty to protect the rights of the injured victim.
Do the novelists implicitly disagree with tribunals' pragmatic choices to go after the leading war criminals--the "big fish"--leaving the petty misfeasors free to roam in society alongside their former victims?