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Negotiating Nolle Prosequi at Nuremberg: The Case of Captain Zimmer
Authors:Salter, Michael   Eastwood, Maggi
Affiliation:* Professor of Law, Law School, University of Central Lancashire, UK; MSalter1{at}aol.com. ** Lecturer in law, Edge Hill College, UK; MEASTWOODM{at}aol.com.
Abstract:It is well known that plea bargaining as such was not providedfor by the Nuremberg Charter, nor is there any instance of pleabargaining in the trials conducted by the occupation tribunalsunder Control Council Law no. 10. However, as shown in thispaper, in connection with war crimes committed in the SecondWorld War, there were negotiations between the Allies and personswho could have potentially been charged with war crimes. Thecase of Captain Guido Zimmer is exemplary in this respect. Hecould have been accused of war crimes and tried by a competenttribunal: instead, since he cooperated with the Allies (in particularwith US intelligence), the decision not to prosecute him wastaken.
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