FLOTTENRICHTER KRANZBÜHLER:

“15. 8. Prepared (for Case White) the following measures:

“On 15. 8. _Spee_ and all Atlantic submarines ready to sail.

“On 22. 8. Transport _Westerwald_ ready to sail.

“On 25. 8. _Deutschland_ ready to sail.”

And then we find the list of these ships:

“21. 8. Report B-service about emergency measures of French

fleet.

“23. 8. Report B-service: Continuation of French emergency

measures of fleet to 3rd grade. English and French blockade

measures off ports.

“25. 8. B-service reports: German and Italian steamers are being

watched and reported by France.”

And then the instructions:

“31. 8. Arrival Order I of OKW for conduct of war: Forcible

solution in the East, attack against Poland 1 September, 0445

hours. In the West responsibility for starting hostilities

unequivocally to be left to England and France. Strictly respect

neutrality of Holland, Belgium, Luxembourg, Switzerland. The

western border not to be crossed. At sea no hostile actions or

such that could be interpreted as hostile. Air Force only in

defense.

“In case of opening of hostilities by Western Powers: Defense

only, economical use of forces. Reserve start of aggressive

operations. The army to hold the ‘Westwall.’ Naval economic war

concentrated against England. To augment effect probable

declaration of zones of danger. Prepare these and submit them.

The Baltic to be safeguarded against enemy invasion.”

So far this document. With the next document, Dönitz-2, I should like to

prove that the British submarines, too, were active before the start of

the war and appeared in the Bay of Helgoland at the very beginning of

the war. It is on Page 2 of the document book. I probably need only

point out that as early as 1 September electric motor noises were heard

in the Bay of Helgoland and that on 4 September several reports arrived

concerning English submarines sighted in the Bay of Helgoland.

I come now to the document with reference to which Admiral Dönitz is

accused of participating in the planning of the attack against Norway.

That is Exhibit GB-83 (Document Number C-5). The Prosecution has

submitted it as proof of the fact that Admiral Dönitz played a decisive

part in the occupation of Norway. I shall refer to this document in more

detail when examining the witness. I merely want to establish certain

dates now. On the document—and I am about to submit the original to the

Tribunal—there is a stamp which establishes when the document was

received at the High Command. This stamp shows the date 11 October 1939.

THE PRESIDENT: You are speaking of GB-83?

FLOTTENRICHTER KRANZBÜHLER: Yes. And I refer now to Exhibit GB-81

(Document Number C-66), Page 6 of my document book. According to this

the decisive report by Grossadmiral Raeder to the Führer had already

been made on 10 October 1939, that is, a day before GB-83 was received

at the High Command.

With the next document I should like to prove that considerations as to

bases had nothing to do with the question of an aggressive war, as far

as the Flag Officer of Submarines, Admiral Dönitz, was concerned. I am

submitting Documents Dönitz-3 and Dönitz-4. They are on Page 3 and 5 of

the Document Book. Dönitz-3 is a war diary of the Flag Officer of

Submarines of 3 November 1939, and I read from the second paragraph, the

10th line from the top:

“At the same time Naval Operations Staff reports that there are

possibilities for the establishment of a ‘Base North’ which seem

to be very promising. In my opinion the immediate introduction

of all possible steps in order to arrive at a clear judgment of

the existing possibilities is of the greatest importance.”

And then there follows a discussion of the advantages and disadvantages

of such a base, which is absolutely identical with the considerations

mentioned in GB-83. It is a question of Murmansk in connection with Base

North, as can be seen from Document Dönitz-4; and it is known that these

considerations were in full accord with the Soviet Union.

Furthermore, I should like to show that the question of bases

continuously comes up in enemy navies without reference to...

THE PRESIDENT: Dr. Kranzbühler, you are going a little bit fast over

these documents and I am not quite sure that I am quite following what

use you are making of them. This base mentioned in the report is

Murmansk?

FLOTTENRICHTER KRANZBÜHLER: Yes; Murmansk. And I want to use it as

proof, Mr. President, that the question of bases has nothing to do with

the question of whether one wants to wage aggressive war with the

country in which these bases are situated. The considerations as to

Murmansk were taken in full accord with the Soviet Union, and in the

same manner Admiral Dönitz took the question of Norwegian bases into

consideration. That is the subject of my proof.

THE PRESIDENT: But the fact that Murmansk was suggested as a base, to be

taken with the consent of the Soviet Union—if it was the case—doesn’t

have any relevance, does it, to taking a base in Norway without the

consent of Norway.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, the relevancy seems to me to

exist in the fact that Admiral Dönitz, as Commander of U-boats, in both

cases received merely the order to state his opinion about bases in a

certain country but that in the last analysis he had as little to say in

the case of Narvik and Trondheim as in the case of Murmansk.

COLONEL Y. V. POKROVSKY (Deputy Chief Prosecutor for the U. S. S. R.):

In Document Number 3, the one just being referred to by the defense

counsel for the Defendant Dönitz, mention is definitely made of the

northern bases; but nothing is said in this document of any plans of the

Soviet Union. And to discuss, here and now, some plan or other of the

Soviet Union is in my opinion quite out of order, since there are no

plans of the Soviet Union in connection with the northern bases, and

there never have been.

FLOTTENRICHTER KRANZBÜHLER: If the representative of the Soviet Union

has any doubts that these bases were considered in full accord with the

Soviet Union, then I shall prove that by calling a witness.

THE PRESIDENT: Anyhow, the document doesn’t say anything about it.

FLOTTENRICHTER KRANZBÜHLER: The document says nothing about it.

THE PRESIDENT: The Tribunal doesn’t think you ought to make statements

of that sort without any evidence; and at the moment you are dealing

with a document which doesn’t contain any evidence of the fact.

FLOTTENRICHTER KRANZBÜHLER: May I perhaps read Document Number Dönitz-4?

THE PRESIDENT: It is Dönitz-3, isn’t it?

FLOTTENRICHTER KRANZBÜHLER: I have already come to Dönitz-4. I had read

from Dönitz-3. I shall now read from Dönitz-4 the entries for 17 April

1939:

“Commander of U-boats receives instructions from Naval

Operations Staff to try out Base North. Naval Operations Staff

considers the trying out of the base by _U-36_ due to sail

within the next days, highly desirable. Supply goods for tanker

_Phoenizia_ in Murmansk going with fishing steamer to Murmansk

on 22 November.”

It seems to me that this entry very clearly shows that that could have

happened only in accord with the Soviet Union. Furthermore, I want to

show that considerations as to bases...

THE PRESIDENT: Wait a minute. Dr. Kranzbühler, the Tribunal thinks you

oughtn’t to make these observations on these documents which really

don’t support what you are saying. Document Number 3, for instance,

doesn’t bear any such interpretation, because it refers to attacks which

it was suggested should be made against ships coming from Russian ports,

in Paragraph 2. And equally the other document you referred to,

Dönitz-4, on Page 5, doesn’t bear the interpretation which you are

putting upon it.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, I am afraid that the contents

of both documents have been presented too quickly by me. For anyone who

is familiar with such war diaries, many things are self-evident which

otherwise are not so easy to understand.

Document Dönitz-3 states in that part which I have read that

possibilities for the establishment of a Base North exist. These

possibilities can be only political possibilities, because one can

establish a base in a foreign country only if that country agrees.

Document Dönitz-4 shows that the base in question is Murmansk and that

this base is being tried out with a supply ship, a fishing steamer, and

a U-boat. That convincingly shows in my opinion...

THE PRESIDENT: The objection the Tribunal was raising was to the

statement by you that the Soviet Union had agreed, and these documents

do not bear out any such statement.

FLOTTENRICHTER KRANZBÜHLER: I am of the opinion that in Document

Dönitz-4 that can clearly be seen. It is not possible...

COL. POKROVSKY: I definitely protest against the fact that, apart from

what has been stated in the documents, certain unfounded conjectures or

assertions have been made with a view to interpreting the documents in

the manner in which Dr. Kranzbühler has endeavored to interpret them

from the initial stages of his defense. I do not belong to the category

of fortune tellers and palmists. I cannot conjecture what hypothetical

conclusions may be drawn from one or another of the documents. I am a

lawyer and I am accustomed to operate with documents such as they

appear, and I am accustomed to operate with the contents of a document

such as they are expressed.

I consider that the Tribunal has quite correctly expressed to the

defense counsel the absolute impossibility of drawing the conclusions he

is attempting to reach, and I would ask that counsel for the defense be

reminded of his duty to limit himself exclusively to such

interpretations as may be deduced from the document.

SIR DAVID MAXWELL-FYFE (Deputy Chief Prosecutor for the United Kingdom):

Your Honor, I would be grateful if the Tribunal would consider a general

point of procedure. We have a number of objections to a considerable

number of Dr. Kranzbühler’s documents. I have got out a short list

grouping, as far as is possible, our objections, which I can hand to the

Tribunal and, of course, to Dr. Kranzbühler, now. It is a matter for

consideration by the Tribunal whether it would be useful to see that

list before the Tribunal adjourns tonight, and maybe here tender certain

observations of Dr. Kranzbühler upon them. Then the Tribunal might be

able to give a decision with regard to certain of the documents before

sitting again tomorrow and thereby save some time. I suggest that to the

Tribunal for their consideration as perhaps the most profitable

procedure under the circumstances.

THE PRESIDENT: Are you suggesting that at a certain point of time we

should adjourn for the consideration of your list and then hear Dr.

Kranzbühler on it?

SIR DAVID MAXWELL-FYFE: Yes.

THE PRESIDENT: That is what you suggest?

SIR DAVID MAXWELL-FYFE: Yes, Sir. I was going to explain my list, put my

list to the Tribunal, and explain it; and then the Tribunal could hear

Dr. Kranzbühler upon it and adjourn at whatever time it is suitable.

FLOTTENRICHTER KRANZBÜHLER: May I make a statement in that regard, Mr.

President?

THE PRESIDENT: Certainly.

FLOTTENRICHTER KRANZBÜHLER: I do not agree with such a proceeding, Mr.

President. Before this Tribunal I have said very little as defense

counsel so far; but I am of the opinion that it is my turn now and that

I have to be granted permission to submit my documents in that order in

which I plan to and which I consider correct for my defense.

I ask the Tribunal just to imagine what would have happened if, before

the presentation of their case by the Prosecution, I had said that I

should like to speak about the relevancy of the documents of the

Prosecution. I believe that this comparison shows that I should not have

thought of proceeding in this way. I shall try, before submitting my

documents, to explain their relevancy to a greater extent than I have

thought necessary until now. But I ask the Tribunal to grant that I

present my case now and to limit the Prosecution to making their

suggestions when I submit my documents individually.

SIR DAVID MAXWELL-FYFE: The inconvenience of that course, My Lord, is

that I shall then be interrupting Dr. Kranzbühler every two or three

documents and making a specific objection to an individual document,

which will take a great deal of time. I thought it would be more

convenient if I indicated to the Tribunal my objections to the documents

in the usual way by classes rather than individually.

I put it to the Tribunal to rule on whatever method they think would be

most convenient for them. The last thing I want is to interfere with Dr.

Kranzbühler’s presentation; but, on the other hand, the method that he

suggests will mean individual objections, because, of course, an

objection is useless if it is put in after Dr. Kranzbühler has developed

the document. Or, if it is not useless, it is at any rate of very much

less weight.

THE PRESIDENT: Dr. Kranzbühler, supposing that Sir David presents his

objections to the documents now, whether in groups or in whatever way he

likes, and you then answer him individually upon each document, pointing

out the relevance in your view of each document; how does it harm you?

The Tribunal will then consider your arguments and will rule upon them,

and then you will know what documents the Tribunal has ruled out, and

you can then refer to any of the other documents in any way you please.

The only object of it and the only effect of it is to prevent the

Prosecution’s having to get up and interrupt, put on the earphones, and

take the time for an individual objection to each document to which they

wish to object as it turns up. I cannot see that it can interfere with

you in the least.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, I have no objection to the

Prosecution’s stating their objections now. I merely wish to avoid my

having to reply to each individual objection. If I am permitted to state

my views when each individual document comes up, then I have no

objection to the Prosecution’s stating their objections now to

individual documents.

THE PRESIDENT: Sir David, the Tribunal would like you to state now your

objections to these documents. They will then allow Dr. Kranzbühler to

proceed with his discussion of the documents, answering your argument as

to the admissibility of each document that you object to when he comes

to it.

SIR DAVID MAXWELL-FYFE: If Your Lordship please. Will Your Lordship just

allow me a moment to get my papers? I am afraid I have only the

Prosecution’s objections in English, but it may help those of the

Tribunal who do not understand English to have the numbers, at any rate,

in front of them.

My Lord, the first group are documents which the Prosecution submits

have no probative value. These are D-53. My Lord, the “D” in this case

stands for Dönitz Document Book 53, Page 99; and D-49, Pages 130 and

131; D-51 and D-69.

My Lord, the first of these, D-53, is a letter from a prisoner-of-war

camp, purporting to be signed by 67 U-boat commanders and in purely

general terms. The Prosecution submits that that is not helpful, either

from its form or from its material.

My Lord, D-49, which is at Pages 130 to 131, is again in entirely

general terms and contains no indication of the moral or legal basis for

the opinion expressed.

D-51 and D-69 are both newspaper reports.

THE PRESIDENT: Wait a minute, Sir David. 130? I have not got a Page 131.

Is it an affidavit, or was it called an affidavit?

SIR DAVID MAXWELL-FYFE: Yes, My Lord.

THE PRESIDENT: “On the basis of the documents of the Navy Court archives

at...”

Oh yes, I think the Document Book has got a bit out of order.

SIR DAVID MAXWELL-FYFE: Yes, My Lord, maybe so.

THE PRESIDENT: Is it a sworn affidavit by somebody or other?

SIR DAVID MAXWELL-FYFE: Yes, My Lord. 130 comes immediately before.

THE PRESIDENT: I have got it now, yes, 131 comes somewhere before 130.

SIR DAVID MAXWELL-FYFE: That is it, My Lord. It is an affidavit by a

former fleet judge, and Your Lordship sees that the description which

the Prosecution gives of it as being in entirely general terms is, I

submit, justified by the wording of the document, and it is difficult to

see the basis which the learned opponent seems to profess for his

statements.

My Lord, D-51, Page 134, is an extract from the _Völkischer Beobachter_

of March 1945, and the Prosecution submits that the topic on which it is

is irrelevant to the matters developed against the Defendant Dönitz.

Number 69 is another newspaper report from the same paper of 14 November

1939, giving a list of armed British and French passenger ships. Now, My

Lord, the second group which we developed are those irrelevant

documents, D-5, D-9, D-10, D-12, D-13, D-29, D-48, D-60, D-74.

Now, My Lord, the first of these, D-5, on the subject of Norway, seeks

to introduce by way of a footnote a summary of the documents which the

Tribunal dealt with when considering the documents in the case of the

Defendant Raeder, with regard to which the Tribunal expressed its

doubts, although it allowed them to be translated. The Tribunal will

remember that with regard to the Dönitz documents it was thought

convenient to have them translated without a preliminary argument. Now,

My Lord, the same argument applies to a footnote, to a speech of the

Defendant Von Ribbentrop, a summary of documents which came into German

possession long after the speech of the Defendant Ribbentrop was made.

The Prosecution submits it is irrelevant.

And the documents 9, 10, 12, and 13 deal with the rescue of Allied

survivors in the years 1939 to 1941 inclusive.

THE PRESIDENT: Oh, yes.

SIR DAVID MAXWELL-FYFE: My Lord, that last statement, “and all

apparently unsworn,” is an error. It ought to be that D-13 is apparently

unsworn.

Now, My Lord, with regard to that the position is that whereas it is

quite true that a nonrescue order was issued by the defendant before 27

May 1940, the really important period is round about 17 September 1942.

It seemed to the Prosecution unnecessary to go into these details for

the earlier period. There is no real doubt that there were some rescues.

The only point which the Prosecution is putting against the defendant is

that he did issue an order, which the Prosecution has proved, forbidding

rescue when there was any danger.

THE PRESIDENT: What was the date you gave us, 17 November 1942?

SIR DAVID MAXWELL-FYFE: My Lord, the nonrescue order is before 27 May

1940. We cannot give the exact date, but we know from a reference in

another order that it must have been before 27 May 1940. And the order

with regard to the destruction of the crews of merchant ships is 17

September 1942.

Now, My Lord, the Document Number 29 contains four documents dealing

with the evidence of the witness Heisig. The first purports to be an

affidavit by a witness who speaks to the sort of statements the

Defendant Dönitz usually made and does not remember what was said on the

particular occasion referred to by the witness Heisig; and it contains a

good deal of argument.

The second is a letter sent to counsel for the Defendant Dönitz, and,

with the exception of one sentence, denying that the defendant spoke in

the sense alleged by Heisig; the remainder of the statement which, of

course, is unsworn, is either argument or is vague or irrelevant. The

remaining two documents, both apparently unsworn, contain allegations

against the character of the witness Heisig. The Tribunal will remember

that no allegations were made against him; that there was no

cross-examination in regard to his character when he gave his evidence.

And the second deals with other lectures which are not those in

question.

Now, My Lord, the next document, D-48, deals with the alleged good

treatment of Allied prisoners in German Naval prisoner-of-war camps, on

which subject no issue has been raised with this defendant. D-60, Page

209 deals with Italian- and French-declared danger zones, which, the

Prosecution submits, has no relevance to those declared by the Germans.

D-74 and D-60, Page 256, deal with the relationship between the British

and French merchant marines and their respective navies; and the

Prosecution submits that they are irrelevant as far as the British Navy

is concerned, if they have any relevance cumulative of D-67.

Now, My Lord, the third group are details of the Contraband Control

System and they are D-60, Pages 173 to 198; D-72; D-60, Pages 204 and

205 and Pages 219 to 225. My Lord, these documents deal with the details

of the contraband control, what articles were contraband, declarations

of different governments; and it is submitted that details of the

contraband control are remote from the issues raised and entirely

irrelevant. I do not think in the presentation against either of the

Naval defendants questions of declarations of contraband were mentioned

at all, certainly not in regard to the Defendant Dönitz; and, in the

submission of the Prosecution, it’s really introducing matters which

are, I am sure, not helpful to the problems of this case.

The fourth group, which can only be described in very general terms, are

allegations against the Allies. My Lord, the general objection I set out

in the first paragraph is this: Those documents consist of various

allegations against the Allies; they appear to have little or no

relevance to the issues and, if submitted, might necessitate the

Prosecution’s seeking the facilities to rebut the allegations; in which

case a large volume of evidence in rebuttal might be entailed.

Then I have isolated those which deal with allegations that the Allies

did not pick up survivors; there are two: 43, 67; Pages 96 and 90. 31

and 32 deal with Allied attacks on German air-sea rescue planes; 33

accuses a Soviet submarine of sinking a hospital ship.

And three, Numbers 37, 38, and 40, the last being a newspaper report,

allege that the Allies shot survivors. My Lord, the question of Allied

treatment of survivors is dealt with exhaustively by extract from the

German Naval Diary and, My Lord, that we are not objecting to because

there it is important not as evidence of the facts stated but as

evidence of the matters that had an effect on the German Naval Command.

For that purpose I am quite ready that Dr. Kranzbühler should put them

in and the Tribunal should consider them. And there is another document

which deals with that point quite fully, and I am quite prepared to let

that go in.

Then, My Lord, the remainder allege either ruthless actions or breaches

of International Law by the Allies; and these are Number 19, Page 24,

the Göring exhibit; Numbers 7 and C-21, Page 91; 47, Pages 120, 121,

which is also a newspaper report; 52, 60, Pages 152 and 208; D-75, 81,

82, 85, and 89.

Now, as I understand the defense that is developed here—the allegation

with regard to the order which we say sets out the destruction of

survivors—it is not that it was a reprisal, but the defense is that the

order did not mean destruction but merely meant nonrescue. On that basis

it seems difficult, indeed impossible, to appreciate how these matters

become relevant at all.

And similarly with regard to the order for shooting Commandos. The

justification alleged for the order is set out in the order itself. I

haven’t heard any defendant develop any justification of that order in

giving evidence before the Tribunal. Every one of the defendants so far

has said this order was given by Hitler and “whether we approved of it

or not we had to carry it out.”

So that, in my submission, there isn’t even the argument which is

foreshadowed, that breaches of the laws and usages of war can be in

certain occasions properly committed as reprisals. It is not put forward

from that point of view; there is no admission here, as I understand the

Defense, of breaches for which reprisal is the answer. Therefore, the

Prosecution submits that these documents are also irrelevant.

My Lord, again I tried to put it as shortly as possible because I didn’t

want to occupy too much time, but I tried to correct them and describe

those which seemed of greatest importance.

THE PRESIDENT: The Tribunal would like to know why this matter of the

admissibility of these documents hasn’t been argued before. In the other

cases with which we have dealt, the question of the admissibility has

been dealt with first of all by your offering your criticisms and

objections, and then the defendant’s counsel’s being heard in reply.

Then the Tribunal has ruled.

SIR DAVID MAXWELL-FYFE: My Lord, as I understand the position, we did

put in objections to the documents and Dr. Kranzbühler suggested that he

would very much prefer the documents to be translated and the objections

taken at a later stage. And I was certainly informed that the Tribunal

agreed with that and ordered the document to be translated.

THE PRESIDENT: That may be, for the purposes of translation. But that

doesn’t mean that they are necessarily admissible. And in most of the

other cases, if not all, as you will remember, we have had an argument

in open session in which you, or one other member of the Prosecution,

have made your objections, and then the defendant’s counsel has replied

to those objections.

SIR DAVID MAXWELL-FYFE: My Lord, Dr. Kranzbühler has just handed—yes...

The ruling is:

“The Tribunal has ruled that the documents mentioned in your

application may be translated, but that the question of their

admissibility is to be decided later.”

My Lord, I am afraid I am at fault there. It didn’t occur to me, if I

may be quite frank with the Tribunal, that I should have come before the

beginning of the case Dönitz to make this argument. I am very sorry, and

I must accept responsibility. I assumed, without real justification,

that that meant the argument of admissibility would come at the

beginning, or at some convenient time, in the case of Dönitz. I am very

sorry, My Lord, and I can only express my regret.

My Lord, there is this excuse: We had three of the books on Saturday,

and we only got the last one yesterday. Therefore, we really couldn’t

have done it before today, even if I had thought of it.

THE PRESIDENT: Dr. Kranzbühler, the Tribunal considers that in view of

the large number of documents to which the Prosecution objects, it will

be highly inconvenient to have you answer Sir David Maxwell-Fyfe’s

argument as you go through your documents; and therefore that you must

answer now and deal with them in the way in which the other counsel have

dealt with these objections to the admissibility of documents. Then the

Tribunal will be able to consider the arguments that Sir David

Maxwell-Fyfe has put forward and the arguments that you put forward in

support of the documents.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, I should like to point out

that just because of the many objections which the Prosecution makes

against the documents, I have for practical purposes to present all my

documents, for the line of thought pursued in presenting documentary

evidence implies a definite order of presentation and I cannot take out

one document or another without disturbing this line of thought.

Therefore, I believe it would save considerable time if the Tribunal

would permit me to answer the objections when I come to the particular

document.

THE PRESIDENT: What difference could it make, assuming that the decision

of the Tribunal is the same, whether you argue the matter now or whether

you argue the matter afterwards? The documents which will remain, which

will have been held to be admissible, will be the same. Therefore, there

is no difference. I can’t see any argument in favor of what you are

saying.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, my documentary material,

exactly like that of the Prosecution, is organized with a definite

purpose in mind and according to a definite idea. If, of the 50

documents which are contained in my documentary material, I have to

argue about 40, then 10 are lacking. Therefore, it seems to me proper

for me to discuss all 50, in the order in which I intended to submit

them to the Tribunal.

If the Tribunal is of the opinion that the reasons given for the

relevancy of the different documents are not sufficient, then the

objectionable document can be withdrawn or refused. However, it seems

expedient to me that I present my arguments in the order which I have

been intending to follow, and not in the order in which the Prosecution

is now making its objections. That defeats my purpose and disturbs my

line of thought and, as defense counsel, I believe it is my task to

present my own line of thought and not to reply to the line of thought

pursued by the Prosecution or to their objections.

THE PRESIDENT: Well, if that is so, then you can present your argument

upon the relevancy of the documents in the order in which they come.

FLOTTENRICHTER KRANZBÜHLER: Yes.

THE PRESIDENT: But you have to do it now.

FLOTTENRICHTER KRANZBÜHLER: Yes, Mr. President.

THE PRESIDENT: You can begin with D-5, which is the first, and then go

on with D-9 and D-10; take them in the order in which they stand.

Dr. Kranzbühler, the Tribunal doesn’t see any reason why you should be

dealt with in a different way from which the other defendants have been

treated. Therefore, they think that you ought to be prepared to deal

with these documents in the way in which they are grouped here. They

would prefer that you should deal with them now, if you can deal with

them in a reasonably short space of time. Then they will be able to

determine the question of which documents shall be admitted during the

adjournment. Otherwise, they will have to adjourn tomorrow for a

consideration of that matter, which will still further hold up the

trial.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, of course, I can make general

statements as to the groups which the Prosecution has referred to, but I

cannot refer to the individual documents with the necessary detail to

establish their relevancy unequivocally. That is impossible for me,

confronted as I am by a list which I have not seen before. Therefore I

should like to ask, if I am to give reasons for each individual document

now, that I be given an opportunity to do that tomorrow morning.

However, if the Tribunal wishes only to hear general remarks about the

groups, I can do that right now.

THE PRESIDENT: Very well, Dr. Kranzbühler. The Tribunal will adjourn

now, and we will hear you upon these documents at 9:30 tomorrow morning.

FLOTTENRICHTER KRANZBÜHLER: In open session, Mr. President?

THE PRESIDENT: In open session, certainly, yes.

[_The Tribunal adjourned until 8 May 1946, at 0930 hours._]

ONE HUNDRED

AND TWENTY-FOURTH DAY

Wednesday, 8 May 1946

_Morning Session_

MARSHAL: May it please the Tribunal, the report is made that Defendant

Schirach is absent.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, with the permission of the

Tribunal, I shall now state my opinion on the documents to which the

Prosecution has objected.

Before I refer to the individual documents, I should like to say two

things concerning the groups.

First: I ask the Tribunal to recall that in general questions on naval

warfare I also defend Admiral Raeder. I already mentioned, when I first

applied for documents, that all the charges against naval warfare cannot

be dealt with separately as concerning Dönitz or Raeder; therefore Dr.

Siemers and I agreed that I should deal with these charges together. I

ask the Tribunal in evaluating the question to take into consideration

whether the charges are relevant.

Second: A large number of the objections which the Prosecution has made

are directed against the fact that the war measures of the Allies are

mentioned in the documents. I believe that I have been completely

misunderstood especially in this field. I am not interested and it is

not my intention to disparage any war methods, and I shall demonstrate

later in detail that the documents are not suitable for this. But I

should like to state from the beginning that I want to show with these

documents what naval warfare was really like. I could not demonstrate

this by showing only the German methods; but I also have to submit to

this Tribunal the methods of the Allies in order to prove that the

German methods, which are similar to the Allies’ methods, were legal.

The Tribunal has even recognized this to be correct by approving the use

of British Admiralty orders and an interrogatory of the

Commander-in-Chief of the American Navy, Admiral Nimitz.

I am very grateful that these documents were approved; and my own

documents in this field are along the same line.

I shall now refer to the individual documents against which objections

have been raised; first to the Document Dönitz-5, which is in Document

Book 1, Page 7.

THE PRESIDENT: Dr. Kranzbühler, the Tribunal has examined all these

documents; so I think you can deal with them as far as possible in

groups.

FLOTTENRICHTER KRANZBÜHLER: Very well.

THE PRESIDENT: If possible, follow the order of Sir David Maxwell-Fyfe.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, it will not be possible for

me to follow the order of Sir David, because then I shall have to return

repeatedly to the line of ideas which I have already mentioned. I

believe it will facilitate and speed up the proceedings if I form groups

according to the order in which I intended to present them; and I should

like to remind the Tribunal that that was expressly approved for me

yesterday.

THE PRESIDENT: Dr. Kranzbühler, it would be very much more convenient to

the Tribunal if you followed the order in the groups. But if you find

that impossible, the Tribunal would not make it a matter of an order.

FLOTTENRICHTER KRANZBÜHLER: I should be very grateful, Mr. President, if

I could keep the order which I had prepared. It corresponds to the order

of Sir David.

THE PRESIDENT: Very well.

FLOTTENRICHTER KRANZBÜHLER: Concerning the question of aggressive war, I

have another document to submit which is Dönitz-5. It is an excerpt from

_Documente der Deutschen Politik_, and concerns the question of bases in

Norway. I consider this document relevant because it shows that on the

part of the British Admiralty an interrogatory was prepared on the

question of the necessity of such a base, which corresponds exactly to

the one with which the Prosecution has charged Admiral Dönitz in

Document GB-83 as proof for aggressive war.

Thereby I wish to say that the answers on such interrogatories have

nothing to do with any considerations concerning an aggressive war,

which a subordinate office could not even make. The document is in Group

2 of Sir David’s classification.

THE PRESIDENT: Are you saying that the footnote stands on the same

footing as the other part of the document?

FLOTTENRICHTER KRANZBÜHLER: The footnote is the essential part for me,

Mr. President. I had the other part copied only to keep the connection

with the footnote.

THE PRESIDENT: Well, who wrote the footnote? Doesn’t the footnote

represent information which was not before the German Admiralty at the

time?

FLOTTENRICHTER KRANZBÜHLER: No, no.

THE PRESIDENT: Well, does the footnote state that it was before the

German Admiralty at the time?

FLOTTENRICHTER KRANZBÜHLER: No, Mr. President. The footnote was not

known to the German Admiralty at the time.

THE PRESIDENT: That is what I said; the footnote was not known to the

German Admiralty. Who wrote it?

FLOTTENRICHTER KRANZBÜHLER: The footnote is part of this document, which

can be found in the collection _Dokumente der Deutschen Politik_...

THE PRESIDENT: Is the Defendant Ribbentrop the author of it?

FLOTTENRICHTER KRANZBÜHLER: No, Mr. President. The _Dokumente der

Deutschen Politik_ are an official collection, and the footnotes have

been written by the editor of that collection on the basis of official

material.

THE PRESIDENT: Yes, I see.

FLOTTENRICHTER KRANZBÜHLER: Now I come to the documents concerning naval

warfare in general. A large part of those are in Sir David’s Group 3.

The first document is Dönitz-60, on Page 152. It concerns an American

note of 6 October 1939, and is in connection with the Document

Dönitz-61, to which the Prosecution has not objected. It is in Volume

III of the document book, Mr. President. Volume III, Page 152. This

document is an American reply to the document which you will find two

pages before this, on Page 150. Both documents deal with the warning of

neutral nations against suspicious actions of their merchant vessels.

The question is relevant in respect to Exhibit GB-193 of the

Prosecution. In this document a charge is made against an order that

ships which act suspiciously—that is, proceed without lights—should be

sunk.

The next document is from Sir David’s Group 1, Dönitz-69, on Page 170,

in Book 3. It is an excerpt from several copies of the _Völkischer

Beobachter_ of November and December 1939. In these copies are published

lists of armed British and French passenger ships. This document also is

in connection with a preceding document and the one following. All these

documents deal with the question of treatment of passenger ships by the

naval warfare command.

THE PRESIDENT: I think you had better give the numbers of the documents.

You said the next document and the one before it. I think you had better

give the numbers of the documents.

FLOTTENRICHTER KRANZBÜHLER: Yes. That is Document 69, Mr. President,

Dönitz-69, and it is on Page 170, in Book 3.

THE PRESIDENT: Yes, I know it is, but you said something about documents

that were akin, or some words to that effect, to the documents next to

it.

FLOTTENRICHTER KRANZBÜHLER: It is in relation to Dönitz-68, on Page 169

of the document book.

THE PRESIDENT: Was that objected to?

FLOTTENRICHTER KRANZBÜHLER: No.

THE PRESIDENT: Very well, then, you need not bother with it.

FLOTTENRICHTER KRANZBÜHLER: I only wanted to show, Mr. President, that

this document is only part of the proof about the treatment of passenger

ships, and should prove that the German press had warned against the

using of armed passenger ships. The next documents objected to by the

Prosecution concern Group 3, “The Contraband and Control System.” These

are the documents Dönitz-60, from Page 173 to Page 197 of the document

book, and I should like to form three groups of these.

The first group, from Page 173 to Page 181, concerns the question of

contraband. I consider this question relevant because Document GB-191

has stated that the German U-boats sank a large number of Allied ships

while these ships were on a legal merchant trip. The development of

rules against contraband will show the Tribunal that from 12 December

1939 on, a legal import to England no longer existed but actually only

contraband. These documents concerning contraband are important,

furthermore, for the German point of view, which became known under the

slogan of “Hunger Blockade” and which played an important part in all

German deliberations about the conduct and the intensification of naval

warfare. The documents contain in detail the German contraband

regulations, the British regulations, and two German statements

concerning these contraband regulations.

The next group is Dönitz-60, from Page 183 to Page 191. That concerns

the regulations about putting into control ports; that is to say, the

British Admiralty removed the control over neutral merchant shipping

from the high seas into certain British ports. This group is also

relevant in connection with Exhibit GB-191 because in this document the

German Naval Operations Staff is accused of carrying out war measures

against England without consideration of the danger to neutrals. The

group which I have dealt with shows that it was not possible for the

British Admiralty either to take war measures without endangering the

neutrals, because, by the establishment of control ports, the neutrals

were forced into German zones of operations and thereby, of course,

endangered. This danger was confirmed by the neutrals themselves, and

the documents on Pages 186 to 189 will prove this.

An excerpt from the document of the Prosecution GB-194 on Page 198

belongs to that same group. It contains a renewed American protest

against the control ports.

The third group goes from Page 192 to 197, also Dönitz-60, and is

concerned with the question of an export embargo. This export blockade

was declared against Germany in an Order in Council of 27 November 1939.

This measure is important in the question of legal trade because thereby

legal export was no longer possible either. The export blockade

therefore is a basis for the total blockade which was later declared by

Germany against England. Since the Exhibit GB-191 disputes the legality

of a total blockade I must prove the basic grounds and also the export

blockade.

The next document objected to is Dönitz-72 on Page 185. It deals with a

note by Great Britain to Belgium of 22 September. In this note the

British Government states that they will not tolerate any increase of

trade between Belgium and Germany. I use it as evidence for the fact

that the economic pressure which can be seen from this note was a

natural and accepted means of warfare. This question is relevant

concerning the document of the Prosecution, Exhibit GB-224. There on

Page 6 under heading (c) it is stated that Germany would necessarily

have to exert economic pressure on the neutrals, and these statements

were submitted by the Prosecution as measures contrary to international

law.

The next group contains the following documents: Dönitz-60, Page 204;

Dönitz-72, Page 207; Dönitz-60, Page 208; Dönitz-60, Page 209; and

Dönitz-75, Page 218. All of these documents concern the development of

German zones of operation and the recognition of the zones of operation

which were declared by the opponents. These documents are relevant for

the question of the treatment of neutrals. In Exhibit GB-191 the charge

was made against the Naval Operations Staff that without any

consideration it had given the order to torpedo neutral ships. My

evidence shall prove that that happened only in those areas which the

neutrals had been warned against using and that this is a permissible

measure of warfare, as shown also by the practices of the enemy.

I should like to refer individually to two documents which concern the

practices of the opposing side. Dönitz-60, Page 208, concerns the

statement by Mr. Churchill of 8 May 1940 regarding the torpedoing of

ships in the Jutland area. This document and the next one, Dönitz-60,

Page 209, I wanted to put to a witness. Dönitz-60, Page 209, concerns a

French statement about a danger zone near Italy. I am using both

documents as evidence for the practical state of naval warfare and

should like to discuss them with a witness. It goes without saying that

the methods of the enemy also had some influence on German practices.

The next group contains documents Dönitz-60, Pages 219, 222, and 224.

They deal with the British system of navicerts. The navicerts, as can be

seen from these documents, were certificates which all neutral ships had

to get from the British Consulate before they could put to sea. Ships

which refused to use navicerts were confiscated. The navicert system is

relevant in two respects.

First, it is mentioned in the German statement concerning the total

blockade against England on 17 August 1940 as one reason for that

blockade. Secondly, from the German point of view it was a nonneutral

act on the part of the neutrals if they submitted to that system. This

question plays a considerable part in determining to what extent Germany

herself from that time on took consideration of neutrals in the zones of

operations. Finally, the navicert system shows the development of an

entirely new naval warfare law, and that is a very important subject for

me.

The next document is Dönitz-60, Page 256. It is a French decree of 11

November 1939 concerning the creation of insignia for the crews of

merchant ships who could be mobilized. This document is relevant for the

question of whether the crews of merchant ships at that stage of the war

should be considered combatants or noncombatants. The details of the

decree seem to me to show that they would have to be considered

combatants.

With the two following documents I should like to object to the

probative value of the document of the Prosecution, Exhibit GB-191. This

concerns my Documents Dönitz-81, Page 233, and Dönitz-82, Page 234. I

had said that these two documents would dispute the probative value of

the Document GB-191. That is the report of the British Foreign Office

about German naval warfare. On Page 1 this report attacks Article 72 of

the German Prize Regulations in which it states that ships can be sunk

if they cannot be brought into port. Document GB-191 says that this is

contrary to the traditional British conception.

My Document Dönitz-81 shows the sinking of the German freighter Olinda

by the British cruiser _Ajax_ on the first day of the war. It is only

one example to show that the statement made in the report of the British

Foreign Office, according to which the British fleet had not sunk ships

if they could not or would not bring them to port, is incorrect.

In the same report of the British Foreign Office, German U-boats are

accused of never differentiating between armed and unarmed merchant

ships. Later I shall submit to the Court the orders concerning armed and

unarmed merchant ships.

By my next document I merely wish to defend the U-boats against having

each mistake interpreted as bad intent. Therefore, in Dönitz-82, I

submit a statement by the British Foreign Office which confirms that it

is extremely difficult, if not impossible, in some cases to distinguish

between armed merchant ships and unarmed merchant ships.

The next document, Dönitz-85, Page 242, contains a statement by the

American Secretary of the Navy, Mr. Knox, concerning the question of

keeping secret the sinking of German U-boats by American naval forces.

For me it is essential in connection with the document of the

Prosecution, Exhibit GB-194. In this document the measures which the

naval war staff took to keep secret the sinkings by U-boats, that is,

using as a pretense the fiction of sinking through mines, are presented

as fraudulent. I should like to give this as an example that during a

war military measures can naturally be kept secret, but that that is no

proof for or against their legality.

The next document is Dönitz-89, on Page 246. It is a list drawn up by

the Naval Operations Staff of violations of neutrality committed by the

United States from September 1939 to 29 September 1941. The document is

essential to counter the document of the Prosecution, Exhibit GB-195,

which contains an order from Adolf Hitler of July 1941 in which it is

stated that in the future even the merchant ships of the United States

must be treated within the German zone of blockade in the same manner as

all other neutral ships, that is to say, they should be sunk.

The Prosecution has interpreted this order as proof of a cynical and

opportunistic conduct of U-boat warfare by Admiral Dönitz. I wish to

show, by submitting this list, that from the German point of view it was

completely understandable and is justifiable if in the summer of 1941

one did not grant the United States a better position than any other

neutral.

Now I come to the subject of the treatment of shipwrecked survivors.

These documents are in Volume I of the document book. The first

document, Dönitz-9, on Page 11, offers a description of over-scrupulous

measures taken by German U-boats to save survivors in September and

October 1939. This is essential for Admiral Dönitz...

THE PRESIDENT: There must surely be a group of these, is there not?

Haven’t you got a number of documents which deal with shipwrecks?

FLOTTENRICHTER KRANZBÜHLER: Yes, there are a number of documents.

THE PRESIDENT: Can you not deal with them all together?

FLOTTENRICHTER KRANZBÜHLER: Yes, Mr. President, I can assemble them.

They are Documents Dönitz-9, Page 11, Dönitz-10, Page 12, Dönitz-12,

Page 18, and Dönitz-13, Pages 19 to 26, and Page 49, and Dönitz-19 on

Page 34. All these documents are related to Exhibit GB-196 of the

Prosecution. That is an order from the winter of 1939-1940 in which the

rescue measures of U-boats are limited. Sir David objected to that group

that it was not important if, after this order of the winter 1939-1940,

rescues were still carried out. I cannot share this opinion. If the

Prosecution accuses Admiral Dönitz of having given an order about the

limitation of rescue measures in the winter of 1939-1940, then it is

essential to point out for what reasons such an order was issued and

what practical consequences it had in fact. It is my assertion that that

order can be traced, first, to the fighting conditions of the U-boats

along the British coasts, and second, to over-scrupulous rescue measures

taken by the commanders. The order did not prohibit measures of rescue

generally, and that will be shown by the statements made by the

commanders, which I have submitted under Dönitz-13.

THE PRESIDENT: Is it possible for you to give us a page where we can

find these GB documents? For instance, GB-196.

FLOTTENRICHTER KRANZBÜHLER: Yes. It is in the British document book on

Page 33. In the document book of the Prosecution, Mr. President.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 13 · 第 13 / 42 题