I read the entry of 25 September 1942:

“_U-512_ reports that the _Monte Corbea_ was recognized as a

neutral ship before being torpedoed. Assumed suspicions of being

a camouflaged English ship are insufficient and do not justify

the sinking. The commander will have to stand court-martial for

his conduct. All boats at sea will be informed.”

Two days later, on 27 September 1942, a radio signal was sent to all. I

read:

“Radio signal to all:

“The Commander-in-Chief of the Navy has personally and expressly

ordered anew that all U-boat commanders are to comply exactly

with the orders concerning the treatment of neutral ships.

Violations of these orders will have incalculable political

consequences. This order is to be disseminated at once to all

commanders.”

Will you please tell me what resulted from the court-martial which you

ordered here?

DÖNITZ: I had sent my radio signal to the commander stating that after

his return he would have to be answerable before a court-martial,

because of the sinking. The commander did not return from this mission

with his boat. Therefore this court-martial did not take place.

FLOTTENRICHTER KRANZBÜHLER: Did you, in any other case, have experience

as to how the courts-martial treated the difficult task of the U-boat

commanders when you had ordered a court-martial?

DÖNITZ: Yes. I remember a case against Kapitänleutnant Kraemer, who had

to be acquitted by the court-martial because it was proven that, before

the attack, before firing the shot, he had taken note once more through

the periscope of the identification of the ship—it was a German

blockade-runner—and, in spite of that, was of the opinion that it was a

different ship, an enemy ship, and that he was justified in sinking it.

In other words, it was not a case of negligence, and therefore in this

case he was acquitted.

FLOTTENRICHTER KRANZBÜHLER: Taking into consideration all the results of

your measures for training and punishing personnel, do you have the

impression that enough was done to make the U-boat commanders obey your

orders, or did the U-boat commanders in the long run disobey your

orders?

DÖNITZ: I do not think it is necessary to discuss this question at all.

The simple facts speak for themselves. During the 5½ years, several

thousand naval actions were engaged in by submarines. The number of

incidents is an extremely small fraction and I know that this result is

only due to the unified leadership of all submarine commanders, to

co-ordination and also to their proper training and their

responsibility.

FLOTTENRICHTER KRANZBÜHLER: The Prosecution has offered a document,

GB-195 on Page 32 of the Prosecution’s document book. In this document

is entered an order of the Führer, dated 18 July 1941, and it reads as

follows:

“In the original operational area, which corresponds in extent

with the U.S. prohibited zone for U.S. ships and which is not

touched by the U.S.-Iceland route, attacks on ships under

American or British escort or U.S. merchantmen sailing without

escort are authorized.”

In connection with this order by the Führer, the Prosecution, Admiral,

termed your attitude cynical and opportunistic. Will you please explain

to the Tribunal what the meaning of this order actually is?

DÖNITZ: In August 1940 Germany had declared this operational area in

English waters. U.S. ships were, however, expressly excluded from attack

without warning in this operational area because, as I believe, the

political leaders wanted to avoid any possibility of an incident with

the U.S.A. I said the political leaders. The Prosecution has accused me,

in my treatment and attitude, my differing attitude toward the neutrals,

of having a masterful agility in adapting myself, that is guided by

cynicism and opportunism. It is clear that the attitude of a state

toward neutrals is a purely political affair, and that this relation is

decided exclusively by the political leadership, particularly in a

nation that is at war.

FLOTTENRICHTER KRANZBÜHLER: You mean to say, in other words, that you

had nothing to do with the handling of this question?

DÖNITZ: As a soldier I had not the slightest influence on the question

of how the political leadership believed they had to treat this or that

neutral. Regarding this particular case, however, from knowledge of the

orders I received through the Chief of the Naval Operations Staff from

the political leadership, I should like to say the following: I believe

that the political leadership did everything to avoid any incident on

the high seas with the United States. First, I have already stated that

the U-boats were actually forbidden even to stop American ships.

Second...

FLOTTENRICHTER KRANZBÜHLER: One moment, Admiral. To stop them where, in

the operational area or outside the operational area?

DÖNITZ: At first, everywhere.

Second, that the American 300-mile safety zone was recognized without

any question by Germany, although according to the existing

international law only a three-mile zone was authorized.

Third, that...

THE PRESIDENT: Dr. Kranzbühler, an interesting distinction which may be

drawn between the United States and other neutrals is not relevant to

this Trial, is it? What difference does it make?

FLOTTENRICHTER KRANZBÜHLER: In connection with the document cited by me,

GB-195, the Prosecution has made the accusation that Admiral Dönitz

conducted his U-boat warfare cynically and opportunistically: that is,

in that he treated one neutral well and the other one badly. This

accusation has been made expressly, and I want to give Admiral Dönitz

the opportunity to make a statement in reply to this accusation. He has

already said that he had nothing to do with the handling of this

question.

THE PRESIDENT: What more can he say than that?

FLOTTENRICHTER KRANZBÜHLER: Mr. President, according to the principles

of the Statute, a soldier is also made responsible for the orders which

he executed. For this reason it is my opinion that he must be able to

state whether on his side he had the impression that he received cynical

and opportunistic orders or whether on the contrary he did not have the

impression that everything was done to avoid a conflict and that the

orders which were given actually were necessary and right.

THE PRESIDENT: You have dealt with this order about the United States

ships, now.

FLOTTENRICHTER KRANZBÜHLER: Yes, I have almost finished.

[_Turning to the defendant._] Did you want to say something more about

the third point, Admiral?

DÖNITZ: I wanted to mention two or three more points on this subject.

FLOTTENRICHTER KRANZBÜHLER: I think that is possible.

THE PRESIDENT: You may go on, but we hope that you will deal with this

point shortly. It appears to the Tribunal to be very unimportant.

FLOTTENRICHTER KRANZBÜHLER: Yes, Sir.

DÖNITZ: For instance, I had suggested that mines be laid before Halifax,

the British port of Nova Scotia, and before Reykjavik, both bases being

important for warships and merchant shipping. The political leaders, the

Führer, rejected this because he wanted to avoid every possibility of

friction with the United States.

FLOTTENRICHTER KRANZBÜHLER: May I formulate the question this way, that

you, from the orders for the treatment of U.S. ships, in no way had the

impression that opportunism or cynicism prevailed here, but that

everything was done with the greatest restraint in order to avoid a

conflict with the United States?

DÖNITZ: Yes. This went so far, in fact, that when the American

destroyers in the summer of 1941 received orders to attack German

submarines, that is, before war started, when they were still neutral

and I was forbidden to fight back, I was then forced to forbid the

submarines in this area to attack even British destroyers, in order to

avoid having a submarine mistake an American for a British ship.

THE PRESIDENT: We will adjourn.

[_The Tribunal adjourned until 9 May 1946 at 1000 hours._]

ONE HUNDRED

AND TWENTY-FIFTH DAY

Thursday, 9 May 1946

_Morning Session_

[_The Defendant Dönitz resumed the stand._]

FLOTTENRICHTER KRANZBÜHLER: With the permission of the Tribunal, I will

continue my examination of the witness.

[_Turning to the defendant._] Admiral, how many merchant ships were sunk

by German U-boats in the course of the war?

DÖNITZ: According to the Allied figures, 2,472.

FLOTTENRICHTER KRANZBÜHLER: How many combat actions, according to your

estimate, were necessary to do this?

DÖNITZ: I believe the torpedoed ships are not included in this figure of

2,472 sunk ships; and, of course, not every attack leads to a success. I

would estimate that in 5½ years perhaps 5,000 or 6,000 actions actually

took place.

FLOTTENRICHTER KRANZBÜHLER: In the course of all these actions did any

of the U-boat commanders who were subordinate to you voice objections to

the manner in which the U-boats operated?

DÖNITZ: No, never.

FLOTTENRICHTER KRANZBÜHLER: What would you have done with a commander

who refused to carry out the instructions for U-boat warfare?

DÖNITZ: First, I would have had him examined; if he proved to be normal

I would have put him before a court-martial.

FLOTTENRICHTER KRANZBÜHLER: You could only have done that with a clear

conscience if you yourself assumed full responsibility for the orders

which you either issued or which you transmitted?

DÖNITZ: Naturally.

FLOTTENRICHTER KRANZBÜHLER: In battle engagements with U-boats, crews of

merchant ships no doubt lost their lives. Did you consider crews of

enemy merchantmen as soldiers or as civilians, and for what reasons?

DÖNITZ: Germany considered the crews of merchantmen as combatants,

because they fought with the weapons which had been mounted aboard the

merchant ships in large numbers. According to our knowledge one or two

men of the Royal Navy were on board for the servicing of these weapons,

but where guns were concerned the rest of the gunners were part of the

crew of the ship.

FLOTTENRICHTER KRANZBÜHLER: How many were there for one gun?

DÖNITZ: That varied according to the size of the weapon, probably

between five and ten. Then, in addition, there were munitions men. The

same applied to the servicing of depth charge chutes and depth charge

throwers.

The members of the crew did, in fact, fight with the weapons like the

few soldiers who were on board. It was also a matter of course that the

crew was considered as a unit, for in a battleship we cannot distinguish

either between the man who is down at the engine in the boiler room and

the man who services the gun up on deck.

FLOTTENRICHTER KRANZBÜHLER: Did this view, that the members of the crews

of hostile merchant ships were combatants, have any influence on the

question of whether they could or should be rescued? Or did it not have

any influence?

DÖNITZ: No, in no way. Of course, every soldier has a right to be

rescued if the circumstances of his opponent permit it. But this fact

should have an influence upon the right to attack the crew as well.

FLOTTENRICHTER KRANZBÜHLER: Do you mean that they could be fought as

long as they were on board the ship?

DÖNITZ: Yes, there can be no question of anything else—that means

fought with weapons used for an attack against a ship as part of naval

warfare.

FLOTTENRICHTER KRANZBÜHLER: You know that the Prosecution has submitted

a document about a discussion between Adolf Hitler and the Japanese

Ambassador, Oshima. This discussion took place on 3 January 1942. It is

Exhibit Number GB-197, on Page 34 of the document book of the

Prosecution. In this document Hitler promises the Japanese Ambassador

that he will issue an order for the killing of the shipwrecked, and the

Prosecution concludes from this document that Hitler actually gave such

an order and that this order was carried out by you.

Did you, directly or through the Naval Operations Staff, receive a

written order of this nature?

DÖNITZ: I first heard about this discussion and its contents when the

record of it was submitted here.

FLOTTENRICHTER KRANZBÜHLER: Admiral, may I ask you to answer my

question? I asked, did you receive a written order?

DÖNITZ: No, I received neither a written nor a verbal order. I knew

nothing at all about this discussion; I learned about it through the

document which I saw here.

FLOTTENRICHTER KRANZBÜHLER: When did you see Hitler for the first time

after the date of this discussion, that is, January 1942?

DÖNITZ: Together with Grossadmiral Raeder I was at headquarters on 14

May 1942 and told him about the situation in the U-boat campaign.

FLOTTENRICHTER KRANZBÜHLER: There is a note written by you about this

discussion with the Führer, and I would like to call your attention to

it. It is Dönitz-16, to be found on Page 29 of Document Book Number 1. I

submit the document, Dönitz-16. I will read it to you. The heading runs:

“Report of the Commander of Submarines to the Führer on 14 May

1942 in the presence of the Commander-in-Chief of the

Navy”—that is, Grossadmiral Raeder.

“Therefore it is necessary to improve the weapons of the

submarines by all possible means, so that the submarines may

keep pace with defense measures. The most important development

is the torpedo with magnetic detonator which would increase

precision of torpedoes fired against destroyers and therefore

would put the submarine in a better position with regard to

defense; it would above all also hasten considerably the sinking

of torpedoed ships, whereby we would economize on torpedoes and

also protect the submarine from countermeasures, insofar as it

would be able to leave the place of combat more quickly.”

And now, the decisive sentence:

“A magnetic detonator will also have the great advantage that

the crew will not be able to save themselves on account of the

quick sinking of the torpedoed ship. This greater loss of men

will no doubt cause difficulties in the assignment of crews for

the great American construction program.”

Does this last sentence which I read imply what you just referred to as

combating the crew with weapons...?

THE PRESIDENT: You seem to attach importance to this document.

Therefore, you should not put a leading question upon it. You should ask

the defendant what the document means, and not put your meaning on it.

FLOTTENRICHTER KRANZBÜHLER: Admiral, what did these expositions mean?

DÖNITZ: They mean that it was important to us, as a consequence of the

discussion with the Führer at his headquarters, to find a good magnetic

detonator which would lead to a more rapid sinking of the ships and

thereby achieve the results noted in this report in the war diary.

FLOTTENRICHTER KRANZBÜHLER: Can you tell me what successes you mean by

this, as far as the crews are concerned?

DÖNITZ: I mean that not several torpedoes would be required, as

heretofore, to sink a ship by long and difficult attack; but that one

torpedo, or very few, would suffice to bring about a more speedy loss of

the ship and the crew.

FLOTTENRICHTER KRANZBÜHLER: Did you, in the course of this discussion

with the Führer, touch on the question...

DÖNITZ: Yes.

FLOTTENRICHTER KRANZBÜHLER: One moment—the question whether other means

might be envisaged to cause loss of life among the crews?

DÖNITZ: Yes.

FLOTTENRICHTER KRANZBÜHLER: In what way and by whom?

DÖNITZ: The Führer brought up the fact that, in the light of experience,

a large percentage of the crews, because of the excellence of the rescue

means, were reaching home and were used again and again to man new

ships, and he asked whether there might not be some action taken against

these rescue ships.

FLOTTENRICHTER KRANZBÜHLER: What do you mean by action taken?

DÖNITZ: At this discussion, in which Grossadmiral Raeder participated, I

rejected this unequivocally and told him that the only possibility of

causing losses among the crews would lie in the attack itself, in

striving for a faster sinking of the ship through the intensified effect

of weapons. Hence this remark in my war diary. I believe, since I

received knowledge here through the Prosecution of the discussion

between the Führer and Oshima, that this question of the Führer to

Grossadmiral Raeder and myself arose out of this discussion.

FLOTTENRICHTER KRANZBÜHLER: There exists an affidavit by Grossadmiral

Raeder about this discussion. You know the contents. Do the contents

correspond to your recollection of this discussion?

DÖNITZ: Yes, completely.

FLOTTENRICHTER KRANZBÜHLER: Then I would like to submit to the Tribunal,

as Dönitz-17, the affidavit of Grossadmiral Raeder; since it has the

same content, I may dispense with the reading of it.

SIR DAVID MAXWELL-FYFE: I was going to say in case it might help the

Tribunal, I understand the Defendant Raeder will be going into the

witness box; therefore, I make no formal objection to this affidavit

going in.

THE PRESIDENT: Very well.

FLOTTENRICHTER KRANZBÜHLER: It has the Number Dönitz-17 and is found on

Page 33 of Document Book 1.

[_Turning to the defendant._] You just said that you rejected the

suggested killing of survivors in lifeboats and stated this to the

Führer. However, the Prosecution has presented two documents, an order

of the winter of 1939-40 and a second order of the autumn of 1942, in

which you limited or prohibited rescue measures. Is there not a

contradiction between the orders and your attitude toward the proposal

of the Führer?

DÖNITZ: No. These two things are not connected with each other in any

way. One must distinguish very clearly here between the question of

rescue or nonrescue, and that is a question of military possibility.

During a war the necessity of refraining from rescue may well arise. For

example, if your own ship is endangered thereby, it would be wrong from

a military viewpoint and besides, would not be of value for the one to

be rescued; and no commander of any nation is expected to rescue if his

own ship is thereby endangered.

The British Navy correctly take up a very clear, unequivocal position in

this respect: that rescue is to be denied in such cases; and that is

evident also from their actions and commands. That is one point.

FLOTTENRICHTER KRANZBÜHLER: Admiral, you spoke only about the safety of

the ship as a reason for not carrying out rescue.

DÖNITZ: There may of course be other reasons. For instance it is clear

that in war the mission to be accomplished is of first importance. No

one will start to rescue, for example, if after subduing one opponent

there is another on the scene. Then, as a matter of course, the

combating of the second opponent is more important than the rescue of

those who have already lost their ship.

The other question is concerned with attacking the shipwrecked, and that

is...

FLOTTENRICHTER KRANZBÜHLER: Admiral, whom would you call shipwrecked?

DÖNITZ: Shipwrecked persons are members of the crew who, after the

sinking of their ship, are not able to fight any longer and are either

in lifeboats or other means of rescue or in the water.

FLOTTENRICHTER KRANZBÜHLER: Yes.

DÖNITZ: Firing upon these men is a matter concerned with the ethics of

war and should be rejected under any and all circumstances. In the

German Navy and U-boat force this principle, according to my firm

conviction, has never been violated, with the one exception of the

affair Eck. No order on this subject has ever been issued, in any form

whatsoever.

FLOTTENRICHTER KRANZBÜHLER: I want to call to your attention one of the

orders submitted by the Prosecution. It is your permanent War Order

Number 154; Exhibit Number GB-196 and in my document book on Pages 13 to

15. I will have this order given to you, and I am asking you to turn to

the last paragraph, which was read by the Prosecution. There it says, I

read it again:

“Do not rescue any men; do not take them along; and do not take

care of any boats of the ship. Weather conditions and proximity

of land are of no consequence. Concern yourself only with the

safety of your own boat and with efforts to achieve additional

successes as soon as possible. We must be hard in this war. The

enemy started the war in order to destroy us, and thus nothing

else matters.”

The Prosecution has stated that this order went out, according to their

records, before May 1940. Can you from your knowledge fix the date a

little more exactly?

DÖNITZ: According to my recollection, I issued this order at the end of

November or the beginning of December 1939, for the following reasons:

I had only a handful of U-boats a month at my disposal. In order that

this small force might prove effective at all, I had to send the boats

close to the English coast, in front of the ports. In addition, the

magnetic mine showed itself to be a very valuable weapon of war.

Therefore, I equipped these boats both with mines and torpedoes and

directed them, after laying the mines, to operate in waters close to the

coast, immediately outside the ports. There they fought in constant and

close combat and under the surveillance of naval and air patrols. Each

U-boat which was sighted or reported there was hunted by U-boat-chasing

units and by air patrols ordered to the scene.

The U-boats themselves, almost without exception or entirely, had as

their objectives only ships which were protected or accompanied by some

form of protection. Therefore, it would have been suicide for the

U-boat, in a position of that sort, to come to the surface and to

rescue.

The commanders were all very young; I was the only one who had service

experience from the first World War. And I had to tell them this very

forcibly and drastically because it was hard for a young commander to

judge a situation as well as I could.

FLOTTENRICHTER KRANZBÜHLER: Did experience with rescue measures already

play a part here?

DÖNITZ: Yes. In the first months of the war I had very bitter

experiences. I suffered very great losses in sea areas far removed from

any coast; and as very soon I had information through the Geneva Red

Cross that many members of crews had been rescued, it was clear that

these U-boats had been lost above the water. If they had been lost below

the water the survival of so many members of the crews would have been

impossible. I also had reports that there had been very unselfish deeds

of rescue, quite justifiable from a humane angle, but militarily very

dangerous for the U-boat. So now, of course, since I did not want to

fight on the open sea but close to the harbors or in the coastal

approaches to the harbors, I had to warn the U-boats of the great

dangers, in fact of suicide.

And, to state a parallel, English U-boats in the Jutland waters, areas

which we dominated, showed, as a matter of course and quite correctly,

no concern at all for those who were shipwrecked, even though, without a

doubt, our defense was only a fraction of the British.

FLOTTENRICHTER KRANZBÜHLER: You say that this order applied to U-boats

which operated in the immediate presence of the enemy’s defense. Can

you, from the order itself, demonstrate the truth of that?

DÖNITZ: Yes; the entire order deals only with, or assumes, the presence

of the enemy’s defense; it deals with the battle against convoys. For

instance it reads, “Close range is also the best security for the

boat...”

FLOTTENRICHTER KRANZBÜHLER: What number are you reading?

DÖNITZ: Well, the order is formulated in such a way that Number 1 deals

at first with sailing, not with combat. But the warning against enemy

air defense is given there also, and in this warning about

countermeasures it is made clear that it is concerned entirely with

outgoing ships. Otherwise I would obviously not have issued an order

concerning sailing. Number 2 deals with the time prior to the attack.

Here mention is made of moral inhibitions which every soldier has to

overcome before an attack.

FLOTTENRICHTER KRANZBÜHLER: Admiral, you need only refer to the figures

which show that the order is concerned with fighting enemy defense.

DÖNITZ: Very well. Then I will quote from 2(d). It says there:

“Close range is also the best security for the boat.

“While in the vicinity of the vessels”—that is, the

merchantmen—“the protecting ships”—that is, the

destroyers—“will at first not fire any depth charges. If one

fires into a convoy from close quarters”—note that we are

dealing with convoys—“and then is compelled to submerge, one

can then dive most quickly below other ships of the convoy and

thus remain safe from depth charges.”

Then the next paragraph, which deals with night conditions, says:

“Stay above water. Withdraw above water. Possibly make a circle

and go around at the rear.”

Every sailor knows that one makes a circle or goes around at the rear of

the protecting enemy ships. Further, in the third paragraph, I caution

against submerging too soon, because it blinds the U-boat, and I say:

“Only then does the opportunity offer itself for a new attack,

or for spotting and noting the opening through which one can

shake off the pursuing enemy.”

Then the figure “(c),” that is, “3(c),” and there it says:

“During an attack on a convoy one may have to submerge to a

depth of 20 meters to escape from patrols or aircraft and to

avoid the danger of being sighted or rammed....”

Thus we are talking here about a convoy. Now we turn to point “(d)” and

here it says:

“It may become necessary to submerge to depth when, for example,

the destroyer is proceeding directly toward the periscope...”

And then follow instructions on how to act in case of a depth charge

attack. Plainly, the whole order deals with...

THE PRESIDENT: I don’t think it is necessary to go into all of these

military tactics. He has made a point on Paragraph “e.” He has given his

explanation of that paragraph, and I don’t think it is necessary to go

into all of these other tactics.

DÖNITZ: I only want to say that the last paragraph about nonrescue must

not be considered alone but in this context: First, the U-boats had to

fight in the presence of enemy defense near the English ports and

estuaries; and secondly, the objectives were ships in convoys, or

protected ships, as is shown clearly from the document as a whole.

FLOTTENRICHTER KRANZBÜHLER: You said that this order was given about

December 1939. Did the German U-boats after the order had been issued

actually continue rescues? What experiences did you have?

DÖNITZ: I said that the order was issued for this specific purpose

during the winter months. For the U-boats which, according to my memory,

went out into the Atlantic again only after the Norwegian campaign, for

these U-boats the general order of rescue applied; and this order was

qualified only in one way, namely that no rescue was to be attempted if

the safety of a U-boat did not permit it. The facts show that the

U-boats acted in this light.

FLOTTENRICHTER KRANZBÜHLER: Do you mean then that you had reports from

U-boat commanders about rescue measures?

DÖNITZ: I received these reports whenever a U-boat returned, and

subsequently through the combat log books.

FLOTTENRICHTER KRANZBÜHLER: When was this order which we have just

discussed formally rescinded?

DÖNITZ: To my knowledge this order was captured or salvaged by England

on the U-13 which was destroyed by depth charges in very shallow water

in the Downs near the mouth of the Thames. For this boat, of course,

this order may still have applied in May 1940. Then in the year 1940,

after the Norway Campaign, I again made the open waters of the Atlantic

the central field of operations, and for these boats this order did not

apply, as is proved by the fact that rescues took place, which I just

explained.

I then rescinded the order completely for it contained the first

practical instructions on how U-boats were to act toward a convoy and

later on was no longer necessary, for by then it had become second

nature to the U-boat commanders. To my recollection the order was

completely withdrawn in November 1940 at the latest.

FLOTTENRICHTER KRANZBÜHLER: Admiral, I have here the table of contents

of the “Standing War Orders of 1942,” and that may be found on Page 16

of Document Book Number 1. I will submit it as Dönitz-11. In this table

of contents the Number 154 which deals with the order we have just

discussed is blank. Does that mean that this order did not exist any

more at the time when the “Standing War Orders of 1942” were issued?

DÖNITZ: Yes, by then it had long since ceased to exist.

FLOTTENRICHTER KRANZBÜHLER: When were the standing orders for the year

1942 compiled?

DÖNITZ: In the course of the year 1941.

FLOTTENRICHTER KRANZBÜHLER: When you received reports from commanders

about rescue measures, did you object to these measures? Did you

criticize or prohibit them?

DÖNITZ: No, not as a rule; only if subsequently my anxiety was too

great. For example, I had a report from a commander that, because he had

remained too long with the lifeboats and thus had been pursued by the

escorts perhaps—or probably—summoned by wireless, his boat had been

severely attacked by depth charges and had been badly damaged by the

escorts—something which would not have happened if he had left the

scene in time—then naturally I pointed out to him that his action had

been wrong from a military point of view. I am also convinced that I

lost ships through rescue. Of course I cannot prove that, since the

boats are lost. But such is the whole mentality of the commander; and it

is entirely natural, for every sailor retains from the days of peace the

view that rescue is the noblest and most honorable act he can perform.

And I believe there was no officer in the German Navy—it is no doubt

true of all the other nations—who, for example, would not consider a

medal for rescue, rescue at personal risk, as the highest peacetime

decoration. In view of this basic attitude it is always very dangerous

not to change to a wartime perspective and to the principle that the

security of one’s own ship comes first, and that war is after all a

serious thing.

FLOTTENRICHTER KRANZBÜHLER: In what years was the practice you have just

described followed, that U-boats did not rescue when they endangered

themselves?

DÖNITZ: In 1940, that is towards the end of 1939, economic warfare was

governed by the Prize Ordinance insofar as U-boats were still operating

individually. Then came the operations, close to the enemy coast, of

1939-40 which I have described; the order Number 154 applied to these

operations. Then came the Norway campaign, and then when the U-boat war

resumed in the spring of 1940, this order of rescue, or nonrescue if the

U-boat itself was endangered, applied in the years 1940, 1941, and 1942

until autumn.

FLOTTENRICHTER KRANZBÜHLER: Was this order put in writing?

DÖNITZ: No, it was not necessary, for the general order about rescue was

a matter of course, and besides it was contained in certain orders of

the Naval Operations Staff at the beginning of the war. The stipulation

of nonrescue, if the safety of the submarine is at stake, is taken for

granted in every navy; and I made a special point of that in my reports

on the cases which I have just discussed.

FLOTTENRICHTER KRANZBÜHLER: In June of 1942 there was an order about the

rescue of captains. This has the Number Dönitz-22; I beg your pardon—it

is Dönitz Number 23, and is found on Page 45 of Document Book 1, and I

hereby submit it. It is an extract from the War Diary of the Naval

Operations Staff of 5 June 1942. I quote:

“According to instructions received from the Naval Operations

Staff submarines are ordered by the Commander of U-boats to take

on board as prisoners captains of ships sunk, with their papers,

if this is possible without endangering the boat and without

impairing fighting capacity.”

How did this order come into being?

DÖNITZ: Here we are concerned with an order of the Naval Operations

Staff that captains are to be taken prisoners, that is, to be brought

home and that again is something different from rescue. The Naval

Operations Staff was of the opinion—and rightly—that since we could

not have a very high percentage, say 80 to 90 percent, of the crews of

the sunk merchantmen brought back—we even helped in their rescue, which

was natural—then at least we must see to it that the enemy was deprived

of the most important and significant parts of the crews, that is, the

captains; hence the order to take the captains from their lifeboats on

to the U-boats as prisoners.

FLOTTENRICHTER KRANZBÜHLER: Did this order exist in this or another form

until the end of the war?

DÖNITZ: Yes, it was later even incorporated into the standing orders,

because it was an order of the Naval Operations Staff.

FLOTTENRICHTER KRANZBÜHLER: Was it carried out until the end of the war,

and with what results?

DÖNITZ: Yes, according to my recollection it was carried out now and

then even in the last few years of the war. But in general the result of

this order was very slight. I personally can remember only a very few

cases. But through letters which I have now received from my commanders

and which I read, I discovered that there were a few more cases than I

believed, altogether perhaps 10 or 12 at the most.

FLOTTENRICHTER KRANZBÜHLER: To what do you attribute the fact that

despite this express order so few captains were taken prisoner?

DÖNITZ: The chief reason, without doubt, was that on an increasing

scale, the more the mass of U-boats attacked enemy convoys, the convoy

system of the enemy was perfected. The great bulk of the U-boats was

engaged in the battle against convoys. In a few other cases it was not

always possible by reason of the boat’s safety to approach the lifeboats

in order to pick out a captain. And thirdly, I believe that the

commanders of the U-boats were reluctant, quite rightly from their

viewpoint, to have a captain on board for so long during a mission. In

any event, I know that the commanders were not at all happy about this

order.

FLOTTENRICHTER KRANZBÜHLER: Admiral, now I turn to a document which is

really the nucleus of the accusation against you. It is Document GB-199,

Page 36 of the British document book. This is your radio message of 17

September, and the Prosecution asserts that it is an order for the

destruction of the shipwrecked. It is of such importance that I will

read it to you again.

“To all Commanding Officers:

“1. No attempt of any kind must be made to rescue members of

ships sunk, and this includes picking up persons in the water

and putting them in lifeboats, righting capsized lifeboats, and

handing over food and water. Rescue runs counter to the most

elementary demands of warfare for the destruction of enemy ships

and crews.

“2. Orders for bringing back captains and chief engineers still

apply.

“3. Rescue the shipwrecked only if their statements will be of

importance for your boat.

“4. Be harsh. Bear in mind that the enemy takes no regard of

women and children in his bombing attacks on German cities.”

Please describe to the Tribunal the antecedents of this order, which are

decisive for its intentions. Describe first of all the general military

situation out of which the order arose.

DÖNITZ: In September of 1942 the great bulk of the German U-boats fought

convoys. The center of gravity in the deployment of U-boats was in the

North Atlantic, where the protected convoys operated between England and

America. The U-boats in the north fought in the same way, attacking only

the convoys to Murmansk. There was no other traffic in that area. The

same situation existed in the Mediterranean; there also the objects of

our attack were the convoys. Beyond that, a part of the boats was

committed directly to American ports, Trinidad, New York, Boston, and

other centers of congested maritime traffic. A small number of U-boats

fought also in open areas in the middle or the south of the Atlantic.

The criterion at this time was that the powerful Anglo-American air

force was patrolling everywhere and in increasingly large numbers. That

was a point which caused me great concern, for obviously the airplane,

because of its speed, constitutes the most dangerous threat to the

U-boat. And that was not a matter of fancy on my part, for from the

summer of 1942—that is, a few months before September, when this order

was issued—the losses of our U-boats through air attacks rose suddenly

by more than 300 percent, I believe.

FLOTTENRICHTER KRANZBÜHLER: Admiral, for clarification of this point, I

am giving you a diagram which I would like to submit in evidence to the

Tribunal as Dönitz-99. Will you, with the use of the diagram, explain

the curve of losses?

DÖNITZ: It is very clear that this diagram showing the losses of U-boats

corroborates the statements which I have just made. One can see that up

to June 1942 U-boat losses were kept within reasonable limits and

then—in July 1942—what I have just described happened suddenly.

Whereas the monthly losses up till then varied as the diagram shows

between 4, 2, 5, 3, 4, or 2 U-boats, from July the losses per month

jumped to 10, 11, 8, 13, 14. Then follow the two winter months December

and January, which were used for a thorough overhauling of the ships;

and that explains the decrease which, however, has no bearing on the

trend of losses.

These developments caused me the greatest concern and resulted in a

great number of orders to the submarine commanders on how they were to

act while on the surface; for the losses were caused while the boats

were above water, since the airplanes could sight or locate them; and so

the boats had to limit their surface activities as much as possible.

These losses also prompted me to issue memoranda to the Naval Operations

Staff.

FLOTTENRICHTER KRANZBÜHLER: When?

DÖNITZ: The memoranda were written in the summer, in June.

FLOTTENRICHTER KRANZBÜHLER: In June of 1942?

DÖNITZ: In June 1942 or July. At the pinnacle of my success, it occurred

to me that air power might some day stifle us and force us under water.

Thus, despite the huge successes which I still had at that time, my

fears for the future were great, and that they were not imaginary is

shown by the actual trend of losses after the submarines left the

dockyard in February 1943; in that month 18 boats were lost; in March,

15; in April, 14. And then the losses jumped to 38.

The airplane, the surprise by airplane, and the equipment of the planes

with radar—which in my opinion is, next to the atomic bomb, the

decisive war-winning invention of the Anglo-Americans—brought about the

collapse of U-boat warfare. The U-boats were forced under water, for

they could not maintain their position on the surface at all. Not only

were they located when the airplane spotted them, but this radar

instrument actually located them up to 60 nautical miles away, beyond

the range of sight, during the day and at night. Of course, this

necessity of staying under water was impossible for the old U-boats, for

they had to surface at least in order to recharge their batteries. This

development forced me, therefore, to have the old U-boats equipped with

the so-called “Schnorchel,” and to build up an entirely new U-boat force

which could stay under water and which could travel from Germany to

Japan, for example, without surfacing at all. It is evident, therefore,

that I was in an increasingly dangerous situation.

FLOTTENRICHTER KRANZBÜHLER: Admiral, in order to characterize this

situation I want to call your attention to your war diary of this time.

This will have the Number Dönitz-18, reproduced on Page 32, Volume I. I

want to read only the contents of the entries from the 2nd until the

14th of September, Page 32:

“On 2 September U-256 surprised and bombed by aircraft; unfit

for sailing and diving;

“On 3 September aircraft sights U-boat;

“On 4 September U-756 has not reported despite request since 1

September when near convoy; presumed lost.

“On 5 September aircraft sights U-boat;

“On 6 September U-705 probably lost because of enemy aircraft

attack;

“On 7 September U-130 bombed by Boeing bomber;

“On 8 September U-202 attacked by aircraft in Bay of Biscay.

“On 9 September...”

THE PRESIDENT: Dr. Kranzbühler, the defendant has already told us of the

losses and of the reason for the losses. What is the good of giving us

details of the fact that U-boats were fighting aircraft?

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

testimony of Admiral Dönitz is confirmed by the entries in his diary of

that time. But if the Tribunal...

THE PRESIDENT: That’s a matter of common knowledge. We can read it.

Anyhow, if you just draw our attention to the document we will read it.

We don’t need you to read the details of it.

FLOTTENRICHTER KRANZBÜHLER: Yes, Mr. President. I will do it that way.

DÖNITZ: That is a typical and characteristic entry in my war diary of

those weeks and days just before the issuance of my order; but I wanted

to add the following: The aircraft were very dangerous especially for

psychological reasons: when no aircraft is on the scene, the commander

of the U-boat views his situation as perfectly clear but the next moment

when the aircraft comes into sight, his situation is completely

hopeless. And that happened not only to young commanders, but to old

experienced commanders who remembered the good old times. Perhaps I may,

quite briefly, give a clear-cut example. A U-boat needs one minute for

the crew to come in through the hatch before it can submerge at all. An

airplane flies on the average 6,000 meters in one minute. The U-boat,

therefore, in order to be able to submerge at all—and not to be bombed

while it is still on the surface—must sight the aircraft from a

distance of at least 6,000 meters. But that also is not sufficient, for

even if the U-boat has submerged it still has not reached a safe depth.

The U-boat, therefore, must sight the airplane even earlier, namely, at

the extreme boundary of the field of vision. Therefore, it is an

absolute condition of success that the U-boat is in a state of constant

alert, that above all it proceeds at maximum speed, because the greater

the speed the faster the U-boat submerges; and, secondly, that as few

men as possible are on the tower so that they can come into the U-boat

as quickly as possible which means that there should be no men on the

upper deck at all, and so on. Now, rescue work, which necessitates being

on the upper deck in order to bring help and take care of more people

and which may even mean taking in tow a number of lifeboats, naturally

completely interrupts the submarine’s state of alert, and the U-boat is,

as a consequence, hopelessly exposed to any attack from the air.

FLOTTENRICHTER KRANZBÜHLER: Mr. President, I wish now to take up the

_Laconia_ matter itself which I would be reluctant to have interrupted.

If it is agreeable to the Tribunal, I would suggest that we have a

recess now.

[_A recess was taken._]

FLOTTENRICHTER KRANZBÜHLER: Admiral, you have just described the enemy’s

supremacy in the air in September 1942. During these September days you

received the report about the sinking of the British transport

_Laconia_. I submit to the Tribunal the war diaries concerning that

incident under Numbers Dönitz-18, 20, 21, and 22. These are the war

diaries of the commanders of U-boats and of the commanders of the

submarines which took part in this action, Kapitänleutnants Hartenstein,

Schacht and Würdemann. They are reproduced in the document book on Page

34 and the following pages. I shall read to you the report which you

received. That is on Page 35 of the document book, 13 September, 0125

hours. I read:

“Wireless message sent on America circuit:

“Sunk by Hartenstein British ship _Laconia_.”

Then the position is given and the message continues:

“Unfortunately with 1,500 Italian prisoners of war. Up to now

picked up 90...”

then the details, and the end is: “Request orders.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 13 · 第 15 / 42 题