DÖNITZ: I...

COL. POKROVSKY: First listen to my question and then answer. Do you

agree with the fact that on 30 April also, right on the day when you

published the two documents that we are talking about now, it was

absolutely clear that further resistance of Hitlerite Germany was

absolutely aimless and useless?

Do you understand my question? Do you agree with that?

DÖNITZ: Yes, I understood the question. May I say the following: I had

to continue fighting in the East in order to rescue the refugees who

were moving to the West. That is certainly very clearly stated. I said

that we would continue to fight in the East only until the hundreds and

thousands of families from the German eastern area could be safely

transferred to the West.

COL. POKROVSKY: Still you did not answer my question, Dönitz, did you,

even though it was very clearly put. I repeat it once again so that you

can manage to understand it. Do you agree with the fact that already on

30 April it was fully clear that further resistance of Hitlerite Germany

was absolutely aimless and useless? Answer me “yes” or “no.”

DÖNITZ: No, that was not clear. From the military point of view the war

was absolutely lost, and there was then only the problem of saving as

many human beings as possible, and therefore we had to continue

resistance in the East. Therefore that resistance in the East had a

purpose.

COL. POKROVSKY: Very well, I understand you, but will you deny that your

order, which called for a continuation of the war, led to further

bloodshed?

DÖNITZ: That is extremely small, compared to the one or two millions

which otherwise would have been lost.

COL. POKROVSKY: One moment, please; will you wait. Do not try and make

any comparisons. First answer and then explain. That is the order that

we have to follow here all the time. First “yes” or “no,” and then an

explanation, please.

DÖNITZ: Of course, in the fighting in the East during those few days

there might be further losses, but they were necessary in order to save

hundreds of thousands of refugees.

COL. POKROVSKY: You did not answer my question. I shall repeat it for

the third time.

THE PRESIDENT: He did answer; he said “yes,” that bloodshed would be

caused. That is an answer to your question.

COL. POKROVSKY: Thank you.

[_Turning to the defendant._] I would like you to explain exactly the

question of whether you look upon yourself, first and foremost, as a

politician, or do you look upon yourself as a soldier who obeyed direct

orders of his own superiors without any analysis of the political

meaning and content of such orders?

DÖNITZ: I do not understand that question completely. As head of State,

from 1 May on, I was a political man.

COL. POKROVSKY: And before that time?

DÖNITZ: Purely a soldier.

COL. POKROVSKY: On 8 May 1946, at 1635 hours, in this room you

mentioned, “As a soldier I did not have in mind such political

considerations as might have been in existence.” On 10 May, at 1235

hours, here, you said, when the question of submarine warfare was taken

up, “All this concerns political aims; but I, as a soldier, was

concerned with military problems.” Is that not so?

DÖNITZ: Yes, it is quite correct. I said that before 1 May 1945 I was

purely a soldier. As soon as I became the head of State I relinquished

the High Command of the Navy because I became the head of State and

therefore a political personality.

COL. POKROVSKY: Sir David Maxwell-Fyfe, about 15 minutes ago, addressed

you also and referred to two documents, and in particular to Document

GB-186, D-640; and he cited one sentence from this, one sentence which

grossly contradicts what you said just now. You remember this sentence

“idle chatter”?

DÖNITZ: Yes, I know exactly what you mean.

COL. POKROVSKY: I want to ask you: How can you reconcile these two

extremely contradictory statements, the statement about “idle chatter,”

about the fact that the officer is not a politician. This statement took

place on 15 February 1944, at the time when you were not the supreme

head of the State. Is that not so?

DÖNITZ: If a soldier during the war stands firmly behind his nation and

his government, that does not make him a politician; that is said in

that sentence and that was meant by that sentence.

COL. POKROVSKY: All right. We will be more exact about whether this is

really the fact. Several times, in a very definite manner, you testified

here before the Tribunal that for many years before the war and during

the war you were indoctrinating the Navy in the spirit of pure idealism

and firm respect for the customs and laws of war. Is that so?

DÖNITZ: Right; yes.

COL. POKROVSKY: In particular, on 9 May, yesterday, at 1254 hours, you

said, “I educated the submarine fleet in the pure idealism and I

continued such education during the war. It was necessary for me in

order to achieve high fighting morale.” Five minutes later on the same

day, you said, when speaking about the Navy, “I never would have

tolerated that orders were given to these people which would be

contradictory to such morale, and it is out of the question that I

myself could have given such an order.” You acknowledge that those were

your words, or approximately your words, allowing for the possible

inexactness of translation; is that not so?

DÖNITZ: Of course, that is what I said.

COL. POKROVSKY: I would like you to take a look at the document which is

in your possession now, the document presented by your defense counsel

as Dönitz-91. In this document your defense counsel presents an excerpt

from the testimony, the affidavit made by Dr. Joachim Rudolphi. In order

not to waste the Tribunal’s time, I would like you to tell us briefly in

one word, “yes” or “no,” whether Rudolphi is correct in his testimony;

that you always strongly opposed the introduction into the German Armed

Forces of the Hitlerite so-called “People’s Courts.” Did you understand

me?

DÖNITZ: I was against handing over legal cases from the Navy to other

courts. I said that, if one bears the responsibility for a branch of the

Armed Forces, one also must have court-martial jurisdiction. That is

what it says.

COL. POKROVSKY: And you are familiar with Rudolphi’s affidavit?

DÖNITZ: Yes, I know it.

COL. POKROVSKY: You remember that on the first page of that excerpt

presented to the Tribunal it says:

“Early in the summer of 1943, the first threatening attempt to

undermine the nonpolitical jurisdiction of the Armed Forces was

made.”

Is Rudolphi correct in explaining this question and is it true that you

were against this attempt to introduce special political courts into the

Navy and Armed Forces? Is that correct?

DÖNITZ: According to my recollection, my resistance began in the summer

1943. It may be that already in the spring the jurisdiction of the

Wehrmacht was threatened. That may be, but I did not learn of it.

COL. POKROVSKY: Do you acknowledge, Dönitz, or not, that these so-called

“People’s Courts” were to deal, as Rudolphi puts it, with anything that

smacked, even remotely, of politics? That is his sentence which you can

find on the first page of Document D-91.

DÖNITZ: As I have already stated, my point of view was the following: I

wanted to keep my soldiers under my own jurisdiction. I could not judge

proceedings outside the Navy, because I did not know the legal

procedure. My point was that my soldiers should remain with me and be

sentenced by me.

COL. POKROVSKY: For all kinds of crimes, including political crimes, is

that not so? Did I understand you correctly?

DÖNITZ: Yes, I meant that; I have stated that I was of the opinion that

they should remain under Navy jurisdiction.

COL. POKROVSKY: Will you deny, Dönitz, that you were always preaching

and always encouraging in every way the murder of defenseless people

from among the members of the German Armed Forces for purely political

reasons and that you always looked upon such murders as acts of military

valor and heroism?

DÖNITZ: I do not understand you. I do not know what you mean.

COL. POKROVSKY: You did not understand my question?

DÖNITZ: No, I have not understood the meaning of your question at all.

COL. POKROVSKY: I can repeat it. Perhaps it will be clearer to you. I am

asking you: Will you deny the fact that you preached in favor of the

murder of members of the German Armed Forces, by other members of the

German Armed Forces and purely for political reasons? Now, is the

question clear to you?

DÖNITZ: How do you come to ask this question?

THE PRESIDENT: The Tribunal does not find your question quite clear.

COL. POKROVSKY: What I have in mind, My Lord, is the Order Number 19 for

the Baltic Fleet, which in part was dealt with by Sir David

Maxwell-Fyfe. There is one point of this order which elucidates, with

absolute precision, the motives for publishing and promulgating this

order. One idea is expressed there in a very clear manner—and with your

permission I shall read one paragraph from this document. “One

example”—it says in Order Number 19, last paragraph but one—“On the

auxiliary cruiser _Cormoran_, which was used as a place of detention in

Australia a warrant officer...”

THE PRESIDENT: Which paragraph?

COL. POKROVSKY: The last paragraph but one of Document D-650, Page 4 of

the English text. I beg your pardon, Page 4 of the German text, and the

last paragraph on the third page of the English copy.

THE PRESIDENT: It was read already in cross-examination.

COL. POKROVSKY: This particular part was not read in the

cross-examination, and it is really very important for the case.

THE PRESIDENT: We have just heard this very question, this very example,

read by Sir David Maxwell-Fyfe, not half an hour ago.

COL. POKROVSKY: But Sir David, in reading this example, did not read one

particular sentence which is of great importance to me and which

clarifies Dönitz’ position; and that is the reason why I permitted

myself to come back to this particular passage. It is only one sentence

which interests me.

THE PRESIDENT: What sentence are you referring to?

COL. POKROVSKY: The first sentence in the second paragraph from the end.

It is the paragraph which begins, “One example: In a prisoner-of-war

camp...”

THE PRESIDENT: You are entirely wrong. He read the whole of the

paragraph. Sir David Maxwell-Fyfe read the whole of the paragraph.

COL. POKROVSKY: When, with your permission, I shall read these few

words, then you will convince yourself, Sir, that these particular words

were not read.

THE PRESIDENT: Colonel Pokrovsky, I have a note in my notebook made at

the time, which shows that the whole of this was read; that the

defendant was cross-examined about the meaning of the word “communist”;

and that he explained it by saying that he was referring to a spy among

the crew who might give away submarine secrets. The whole matter was

gone into fully by Sir David Maxwell-Fyfe, and the Tribunal does not

wish to hear any more about it.

COL. POKROVSKY: It is absolutely necessary for me to read two

expressions from this sentence which were not read into the record here,

and I ask your permission to read these two words.

THE PRESIDENT: Which two words do you say were not read? State the two

words.

COL. POKROVSKY: “Systematically” and “unobtrusively,” that is, according

to plan. They are not talking about one particular instance, but they

are talking about the whole definite plan, about the system.

THE PRESIDENT: Yes, but that was all read, Colonel Pokrovsky. You must

have missed it.

COL. POKROVSKY: I am not saying that Sir David has omitted that.

THE PRESIDENT: That was read by Sir David Maxwell-Fyfe and put to the

witness, to the defendant.

COL. POKROVSKY: Perhaps Sir David may have accidentally omitted this,

but it is really very important for me, because Dönitz testified here to

the killing of only one spy; but what is really meant here is that there

was a plan to exterminate all communists, or rather men who were

supposed to be communists, according to the idea of some petty officer.

THE PRESIDENT: It is exactly what Sir David Maxwell-Fyfe put to the

witness. He said, “How can you say that this refers to a case of spies

or one spy, when it is referring to all communists”? It is exactly the

question he put to him.

COL. POKROVSKY: Perhaps I did not understand quite correctly what our

interpreter translated, but in our translation this was not mentioned.

Then with your permission I will go to the next question.

[_Turning to the defendant._] Will you deny, Dönitz, that in this order,

as the one example of high military valor—that military valor which

serves as the basis or the reason for extraordinary promotion of

noncommissioned officers and officers—you used, as one example, the

treacherous and systematic murder of people for political reasons? Do

you deny that this order was correctly understood?

DÖNITZ: No, that is quite wrong. This order refers to one incident in a

prisoner-of-war camp, and it should be considered in what serious

dilemma the senior member of the camp found himself and that he acted in

a responsible and correct manner by removing in the interests of our

warfare as a traitor that communist who was at the same time a spy. It

would have been easier for him if he had just let things take their

course, which would have harmed the U-boats and caused losses. He knew

that after his return home he would have to account for it. That is the

reason why I gave this order.

COL. POKROVSKY: Perhaps you will agree that the incidents, as you

explain them now, are absolutely different from what is written in your

order.

THE PRESIDENT: I have already told you that the Tribunal does not wish

to hear further cross-examination upon this subject. You are now

continuing to do that, and I must draw your attention again clearly to

the ruling of the Tribunal that the Tribunal will not hear further

cross-examination upon this subject.

COL. POKROVSKY: In the light of this document, I ask you how do you

explain your statements about your alleged objections in principle to

special political courts being introduced into the Navy, that is, the

considerations in principle which were testified to by Dr. Rudolphi? How

do you explain this contradiction?

DÖNITZ: I did not understand what you said.

COL. POKROVSKY: You say here that the document does not deal with

political acts, whereas the order is formulated very precisely and Dr.

Rudolphi testified to the fact that you were against introducing

political courts into the Army and the Navy. Obviously there is a

contradiction in terms here, and I would like to have this contradiction

explained.

DÖNITZ: I do not see any contradiction, because Dr. Rudolphi says that I

was against handing over legal cases to courts outside of the Navy and

because the case of the _Cormoran_ deals with an action by the senior

camp member, far away in a prisoner-of-war camp in a foreign land. He

decided on this action only after grave deliberation, knowing that at

home he would have to answer for it before a military court. He did this

because he considered it necessary, in the interests of the conduct of

the war, to stop the loss of submarines by treason. Those are two

entirely different things. Here we deal with an individual case in the

_Cormoran_ camp.

COL. POKROVSKY: What you are testifying to now is a repetition of what

you said before; and, as you heard, the Tribunal does not want to listen

to it any more. This is really not an answer to my question.

DÖNITZ: Yes. In answering your question I cannot say anything but the

truth, and this is what I have done.

COL. POKROVSKY: Of course our ideas of truth may be altogether

different. I, for instance, look upon this question in an altogether

different manner. This fact...

DÖNITZ: Will you excuse me. I am under oath here, and you do not want to

accuse me of telling an untruth, do you?

COL. POKROVSKY: We are not talking about false testimony, but we are

talking about a different approach to the idea of truth. I, for

instance, consider that by this order you revealed yourself as a real...

DÖNITZ: No, I cannot agree with that.

THE PRESIDENT: Will you kindly put the question if you want to put a

question?

COL. POKROVSKY: I want to ask him one question, My Lord, and I must

explain to him why I am asking this question.

[_Turning to the defendant._] I consider this order a revelation of your

loyalty, your fanatical loyalty, to fascism; and in this connection I

want to ask you whether you consider that it was because of the fact

that you showed yourself to be a fanatical follower of fascism and

fascist ideas that Hitler chose you to be his successor—because you

were known to Hitler as a fanatical follower who was capable of inciting

the Army to any crime in the spirit of the Hitlerite conspirators and

that you would still call these crimes pure idealism. Do you understand

my question?

DÖNITZ: Well, I can only answer to that that I do not know. I have

already explained to you that the legitimate successor would have been

the Reich Marshal; but through a regrettable misunderstanding a few days

before his appointment, he was no longer in the game, and I was the next

senior officer in command of an independent branch of the Wehrmacht. I

believe that was the determining factor. That fact that the Führer had

confidence in me may also have had something to do with it.

COL. POKROVSKY: The Soviet Prosecution, My Lord, has no more questions

to ask of this defendant.

THE PRESIDENT: Dr. Kranzbühler, do you want to re-examine?

FLOTTENRICHTER KRANZBÜHLER: I should like to put a few more questions,

Mr. President.

[_Turning to the defendant._] Admiral, during the cross-examination by

Sir David you were asked about your knowledge of conditions in

concentration camps; and you wanted to make an additional statement,

which you could not do at the time. What personal connections did you

have with any inmates of concentration camps, or did you have any

connections at all?

DÖNITZ: I had no connections with anybody who had been sent to a

concentration camp; with the exception of Pastor Niemöller. Pastor

Niemöller was a former comrade of mine from the Navy. When my last son

was killed, he expressed his sympathy; and on that occasion I asked him

how he was.

FLOTTENRICHTER KRANZBÜHLER: When was that?

DÖNITZ: That was in the summer of 1944, and I received the answer that

he was all right.

FLOTTENRICHTER KRANZBÜHLER: Did you write him directly, or how did it

happen?

DÖNITZ: No. I received this information through a third person.

FLOTTENRICHTER KRANZBÜHLER: Was that the only message you received from

a concentration camp?

DÖNITZ: The only one I received.

FLOTTENRICHTER KRANZBÜHLER: In the cross-examination a report by Captain

Assmann was presented about a conference with the Führer in May 1943.

You remember its contents. You are alleged to have said that in view of

the present naval war situation, it was desirable that Germany should

get possession of Spain and Gibraltar. Did you make a positive

suggestion in that direction? One cannot see that from the document.

DÖNITZ: Of course, when I discussed the situation, I mentioned the

danger of the narrow strip along the Bay of Biscay; and I said that it

would be more favorable to us if we could start our U-boats from a wider

area. At that time nobody even contemplated a move against Spain, either

with the consent of Spain or in the form of an attack. It was quite

obvious that our forces were in no way sufficient for that. On the other

hand, it is quite understandable that, in showing my concern about that

narrow strip, I should say that it would have been better if the area

had been larger. That is what I meant by that statement. I was referring

to U-boat warfare and not to any move against Spain on land. It

certainly would have been impossible for me as a naval officer to make a

suggestion to attack Spain.

FLOTTENRICHTER KRANZBÜHLER: In connection with the sinking of the

_Athenia_ it has been hinted that your statement was considered an

excuse; that is, that the commanding officer of the submarine confused

the _Athenia_ with an auxiliary cruiser. Therefore, I should like to put

to you an excerpt from the war diary of the officer commanding in that

action and I want you to confirm that it is really by the same

commanding officer. I shall read from the document of the Prosecution,

Exhibit GB-222, on Page 142 of my document book, Volume III. It is the

war diary of the submarine U-30. The excerpt is dated 11 September 1939,

Page 142 in document book, Volume III.

“Sighted a blacked-out vessel. Got on its trail. In zigzag

course recognized as merchant ship. Requested to stop by morse

lantern. Steamer signals ‘not understood,’ tries to escape in

the thick squall and sends out SOS ‘chased by submarine’ and

position by radiotelegraphy.

“Gave ‘stop’ signal by radio and morse lantern.

“Ran ahead. First 5 shots with machine gun C/30 across the bow.

Steamer does not react. Turns partly, about 90°, directly toward

the boat. Sends ‘still chased.’ Therefore, fire opened from aft

bearing with 8.8 cm. English steamer _Blairlogie_, 4,425 tons.

“After 18 shots and three hits, steamer stops. Crew boards

boats. Last message by radio, ‘Shelled, taking to boats.’ Fire

immediately ceased when emergency light was shown and steamer

stopped.

“Went over to lifeboats, gave orders to pull away toward south.

Steamer sunk by torpedo. Afterwards both boat crews supplied

with Steinhäger and cigarettes. 32 men in two boats. Fired red

stars until dawn. Since American steamer, _American Skipper_,

was nearby, we departed. Crew was rescued.”

Can you confirm, Admiral, that this was an entry by the same commanding

officer who nine days before had torpedoed the _Athenia_?

DÖNITZ: Yes, that is the same commander of the same operation who

shortly before had committed this error.

FLOTTENRICHTER KRANZBÜHLER: In the cross-examination it was once more

maintained, and very definitely, that you had sent an order to destroy

to the commanders. I should like to put to you a letter which is signed

by various U-boat commanders. You know the letter and know the

signatures, and I should like to ask you to tell me whether the U-boat

commanders who signed were taken prisoner before September 1942, that

is, before your alleged orders to destroy, or whether they were captured

afterwards.

I am reading from the document book, Volume II, Page 99, Dönitz-53,

which I submit to the Tribunal. It is addressed to the camp commander of

the prisoner-of-war camp, Camp 18, in the Featherstone Park camp in

England. I received it through the British War Ministry and the General

Secretary of the Court. I read under the date of 18 January 1946, and

the text is as follows:

“The undersigned commanders, who are now here in this camp and

whose U-boats were active on the front, wish to make the

following statement before you, Sir, and to express the request

that this statement should be forwarded to the International

Military Tribunal in Nürnberg.

“From the press and radio we learn that Grossadmiral Dönitz is

charged with having issued the order to destroy survivors from

the crews of torpedoed ships and not to take any prisoners. The

undersigned state under oath that neither in writing nor orally

was such an order ever given by Grossadmiral Dönitz. There was

an order that for reasons of security of the boat, because of

increased danger through defense measures of all kinds, we were

not to surface after torpedoing. The reason for that was that

experience had shown that if the boat surfaced for a rescue

action, as was done in the first years of the war, we had to

expect our own destruction. This order could not be

misunderstood. It has never been regarded as an order to

annihilate shipwrecked crews.

“The undersigned declare that the German Navy has always been

trained by its leaders to respect the written and unwritten laws

and rules of the sea. We have always regarded it as our honor to

obey these laws and to fight chivalrously while at sea.”

Then come the signatures of 67 German submarine commanders who are at

present prisoners of war in British hands.

I ask you, Admiral—you know these signatures—were these commanders

captured before September 1942 or after September 1942?

DÖNITZ: Most of them beyond doubt were made prisoner after September

1942. In order to examine that exactly from both sides, I should like to

see the list again. But most of them beyond doubt were captured after

September 1942.

FLOTTENRICHTER KRANZBÜHLER: That is enough. I have no further questions.

DR. LATERNSER: Mr. President, I should like to clarify only one point

which came up during the cross-examination.

Admiral, during the cross-examination you have stated that you were

present at the situation conferences on 19 and 20 February 1945, and you

said...

DÖNITZ: No, that this date...

DR. LATERNSER: I made a note of it and you will recognize the conference

at once. During the situation conference of 19 February, Hitler is

alleged to have made the suggestion to leave the Geneva Convention. I

ask you now to tell me: Which high military leaders were present during

that situation conference?

DÖNITZ: I believe there is a mistake here. I did not hear this question

or suggestion of the Führer from his own lips, but I was told about it

by a naval officer who regularly took part in these situation

conferences. Therefore I do not know for certain whether the date is

correct, and I also do not know who was present when the Führer first

made that statement. In any case, I remember the matter was again

discussed the next day or two days later; and then I believe the Reich

Marshal, and of course Jodl and Field Marshal Keitel, were present. At

any rate, the whole of the Wehrmacht were unanimously against it; and to

my recollection, the Führer, because he saw our objection, did not come

back to this question again.

DR. LATERNSER: Thank you. I have no further questions.

THE PRESIDENT: The defendant can return to the dock.

[_The defendant left the stand._]

FLOTTENRICHTER KRANZBÜHLER: Mr. President, after the experience of the

cross-examination of today, I consider it proper to submit my documents

to the Tribunal now, if it pleases the Tribunal, before I call further

witnesses. I believe that I can thereby shorten the questioning of the

witness and that it will be more easily understood.

THE PRESIDENT: Very well, Dr. Kranzbühler.

FLOTTENRICHTER KRANZBÜHLER: May I first remind the Tribunal that the

Prosecution Exhibits GB-224 and GB-191 contain the same general

accusations against U-boat warfare as are referred to in many of my

following documents. The documents dealing with these general

accusations are in Document Books 3 and 4.

First, I submit Document Dönitz-54 which contains the German declaration

of adherence to the London Submarine Protocol. I do not need to read it

because it has already been mentioned repeatedly.

Then, I ask the Tribunal to take judicial notice of the German Prize

Ordinance, an excerpt of which can be found on Page 137. I should like

to point out that Article 74 agrees word for word with the regulations

of the London Protocol.

May I point out at the same time that, as shown on Page 138, this Prize

Ordinance was not signed by the Commander-in-Chief of the Navy. That is

a contribution to the question as to whether the Commander-in-Chief of

the Navy was a member of the Reich Government. He had no authority to

sign this ordinance.

The next document which I submit is Dönitz-55. That is the order of 3

September 1939, with which the U-boats entered the war. I do not know

whether these documents are so well known to the Tribunal that I need

merely sum them up or whether it is better to read parts of them.

THE PRESIDENT: I think you might mention them together, really,

specifying shortly what they relate to.

FLOTTENRICHTER KRANZBÜHLER: Yes. The order of 3 September directs the

boats to pay strict attention to all the rules of naval warfare. It

orders the war to be conducted according to the Prize Ordinance.

Furthermore, it provides for a preparatory order for the intensification

of economic warfare, because of the arming of enemy merchant ships. This

order is on Page 140. Since I shall refer to that later when examining a

witness, I need not read it now.

I should like to read to the Tribunal from an English document, to show

that the boats were really acting according to these orders. It is

Exhibit Number GB-191. It is in the original on Page 5, Mr. President.

That sentence is not in the English excerpt, and that is why I will read

it in English from the original:

“Thus the Germans started with the Ordinance which was, at any

rate, a clear, reasonable, and not inhuman document.

“German submarine commanders, with some exceptions, behaved in

accordance with its provisions during the first months of the

war. Indeed, in one case, a submarine had ordered the crew of a

trawler to take to their boat as the ship was to be sunk. But

when the commander saw the state of the boat, he said: ‘Thirteen

men in that boat! You English are no good, sending a ship to sea

with a boat like that.’ And the skipper was told to re-embark

his crew on the trawler and make for home at full speed, with a

bottle of German gin and the submarine commander’s compliments.”

That is an English opinion taken out of a document of the Prosecution.

My next document is Dönitz-56, an excerpt from the War Diary of the

Naval Operations Staff of 9 September 1939, on Page 141.

“English information office disseminates the news through

Reuters that Germany has opened total U-boat warfare.”

Then, as Dönitz-57, on Page 143, I should like to submit to the Tribunal

an account of the experiences which the Naval Operations Staff had in

U-boat warfare up to that date. It is an entry of 21 September 1939 in

the War Diary of the Naval Operations Staff. I read under Figure 2:

“The commanders of U-boats which have returned report the

following valuable experiences:

“...(b) English, partly also neutral steamers, sharp zigzags,

partly blacked-out. English steamers, when stopped, immediately

radio SOS with exact position. Thereupon English planes come in

to fight U-boats.

“(c) English steamers have repeatedly tried to escape. Some

steamers are armed, one steamer returned fire.

“(d) Up to now no cases of abuse by neutral steamers.”

The document on Page 144 of the document book is already in evidence. It

is an excerpt from Exhibit GB-222, war diary of the U-boat U-30, of 14

September. I will only read a few sentences from the beginning:

“Smoke clouds. Steamer on sharp zigzag course. Easterly course.

Ran towards her. When recognized, turns to counter-course and

signals SOS.

“English steamer _Fanad Head_, 5200 tons, bound for Belfast.

“Pursued at full speed. Since steamer does not react to order to

stop, one shot fired across her bows from a distance of 2,000

meters. Steamer stops. Crew takes to the boats. Boats pulled out

of the danger zone.”

I summarize the following: It shows how the U-boat, as a result of the

wireless message from the steamer, was attacked by airplanes, what

difficulties it had in getting the prize crew on board again, and how,

in spite of the bombing attacks of the planes, it did not sink the

steamer until two English officers who were still on deck had jumped

overboard and had been rescued by the U-boat. The depth charge pursuit

lasted for ten hours.

The next document, Dönitz-58, shows that merchant ships acted

aggressively against U-boats; and that also is an excerpt from the War

Diary of the Naval Operations Staff. I read the entry of 24 September:

“Commander, Submarine Fleet, reports that on 6 September the

English steamer _Manaar_, on being told to stop by _U-38_ after

a warning shot, tried to escape. Steamer sent wireless message

and opened fire from rear gun. Abandoned ship only after four or

five hits, then sank it.”

Then, another message of 22 September:

“English reports that, when the English steamer _Akenside_ was

sunk, a German U-boat was rammed by a steam trawler.”

From the document of the Prosecution, Exhibit GB-193, which is copied on

Page 147, I should only like to point out the opinion from the point of

view of the Naval Operations Staff as to radio messages. I read from

Figure 2, two sentences, beginning with the second:

“In almost every instance English steamers, on sighting U-boats,

have sent out wireless SOS messages and given their positions.

Following these SOS messages from the ship, after a certain time

English airplanes always appeared which makes it clear that with

the English it is a matter of a military measure and organized

procedure. The SOS call together with the giving of the position

may therefore be considered as the giving of military

information, even as resistance.”

The next document, Dönitz-59, shows the approval of the entry submitted

by the Commander of the Submarine Fleet that ships which used their

wireless when stopped should be sunk. I read the entry of 24 November

1939. It is quite at the bottom, Figure 4:

“On the basis of the Führer’s approval, the following order is

given to Groups and Commander, Submarine Fleet:

“4) Armed force should be employed against all merchant vessels

using wireless when ordered to stop. They are subject to seizure

or sinking without exception. Efforts should be made to rescue

the crew.”

THE PRESIDENT: The Tribunal will adjourn.

[_The Tribunal adjourned until 11 May 1946, at 1000 hours._]

ONE HUNDRED

AND TWENTY-SEVENTH DAY

Saturday, 11 May 1946

_Morning Session_

FLOTTENRICHTER KRANZBÜHLER: Mr. President, I continue to submit

documents concerning naval warfare. My next document is printed on Page

149 of Document Book Number 3. It is a declaration of 26 September 1939

by the British First Lord of the Admiralty concerning the arming of the

British merchant fleet. In this declaration he announces that within a

short time the entire British merchant fleet will be armed. Then he

speaks about the training of the crews, and in conclusion he thanks his

predecessors for the care with which they prepared that work before the

beginning of the war.

I submit Document Dönitz-60. Dönitz-60 is a large collection of

documents concerning laws of naval warfare. It contains altogether 550

documents. In accordance with the request of the President, I have given

special numbers to the later documents.

I come now to some documents which deal with the treatment of ships

which acted suspiciously and were for that reason attacked by U-boats.

The first document of this series is Dönitz-61, Page 150. It is a

warning to neutral shipping against suspicious tactics. That warning was

sent in a note to all neutral missions. At the end it points out that

ships should avoid being mistaken for enemy warships or auxiliary

cruisers, especially during the night. There is a warning against all

suspicious tactics, for instance, changing course, use of wireless on

sighting German naval forces, zig-zagging, blacking-out, not stopping

upon demand, and the acceptance of enemy escort.

That warning is repeated in Document Dönitz-62, which is on Page 153, a

renewed note of 19 October 1939 to the neutral governments. Document 63

is an example of how a neutral government, namely the Danish Government,

in accordance with the German notes, warned its merchant shipping

against suspicious conduct. It is found on Page 154. I should like to

remind you again that the first warning was given on 28 September.

My next Document, Dönitz-64, shows that on 2 October the order was

issued to the submarines to attack blacked-out vessels in certain

operational areas close to the British coast. That order is particularly

significant in view of the cross-examination of yesterday where the

question was put as to whether an order of that kind had been issued at

all, or whether that subject was transmitted to the commanders orally

with instructions to falsify their logs. I read the order of 2 October

1939 on Page 155.

“Order by the SKL (Naval Operations Staff) to the Front:

“Inasmuch as it must be assumed that blacked-out vessels

encountered on the English and French coasts are warships or

auxiliary warships, full armed action is authorized against

blacked-out vessels in the following waters.”

An area around the British coast follows. The excerpt under it is taken

from the War Diary of Commander of Submarines of the same date and shows

the transmission of this order to the submarines.

The readiness of British merchant shipping to commit aggression against

German submarines is motivated or furthered by the next document which I

am going to show. It is numbered Dönitz-101 and is on Page 156. The old

number was Dönitz-60, Mr. President. It is an announcement by the

British Admiralty, which I will read:

“The British Admiralty circulated the following warning to the

British merchant marine on 1 October:

“Within the last few days some German U-boats have been attacked

by British merchant marine vessels. In this connection the

German radio announces that the German U-boats have so far

observed the rules of international law in warning the merchant

marine vessels before attacking them.

“Now, however, Germany intends to retaliate by considering every

British merchant marine vessel as a warship. While the

first-mentioned fact is absolutely untrue, it may indicate an

immediate change in the policy of German submarine warfare.

“Be prepared to meet it. Admiralty.”

On Page 157 there is a second report of the same date. “The British

Admiralty announces that German submarines are pursuing a new strategy.

English boats are called upon to ram every German submarine.”

The next document, Dönitz-65, contains orders issued as a result of the

armament of, and armed resistance by, merchant vessels. I read the order

of 4 October 1939, which was issued by the SKL to the Front.

“Immediate attack in any manner available is permitted

submarines against enemy merchant vessels which are obviously

armed or have been proclaimed as such on the basis of conclusive

evidence received by the Naval Operations Staff. As far as

circumstances permit, measures are to be taken to save the crew

after every possibility of danger for the submarine has been

eliminated. Passenger ships not used to transport troops are

still not to be attacked, even if armed.”

The excerpt below shows the transmission of the order to the submarines.

The experiences gained in the war up to that period are summarized in a

document on Page 159, which is an excerpt from the Prosecution’s Exhibit

GB-196, “Standing War Order 171,” by Commander of Submarines. I should

only like to read from Paragraph 4, the first sentence:

“Tactics of Enemy Merchant Vessels. The following instructions

have been issued for British shipping...”

THE PRESIDENT: What is the date of this document?

FLOTTENRICHTER KRANZBÜHLER: The document was issued before May 1940. I

shall have to call on a witness to give the correct date, Mr. President;

I assume it was in October 1939:

“The British Merchant Navy has received the following

instructions:

“(a) To fight every German submarine with all the means at hand,

to ram it or attack it with depth charges, if equipped to do

so.”

Further details follow.

Experiences drawn, from the entire operations of the British Merchant

Service are summarized in the next document in an order. It has been

numbered Dönitz-66, and is on Page 161. I shall read the order, which is

dated 17 October 1939:

“At 1500 hours the following order was issued to Commander of

Submarines:

“Submarines are permitted immediate and full use of armed force

against all merchant vessels recognizable with certainty as

being of enemy nationality, as in every case attempts to ram or

other forms of active resistance may be expected. Exceptions to

be made as hitherto in the case of enemy passenger boats.”

On Page 162 I have reproduced another part of Document Dönitz-62, which

has been submitted already. It is a note to the neutral countries dated

22 October 1939, defining conduct on the part of ships which is,

according to German opinion, incompatible with the peaceful character of

a merchant ship. I read from the long paragraph, the second sentence:

“According to previous experiences such tactics may be expected

with certainty from English and French boats, particularly when

sailing in convoys: inadmissible use of wireless, sailing

without lights, and in addition armed resistance and aggressive

action.”

In the next, the German Government warns neutral nations against the use

of enemy ships for this reason. The German orders were issued in

consequence of the experiences gained by our U-boats.

I have already submitted the next document, Dönitz-67, on Page 163 _et

sequentes_ and I only wish to explain on the basis of a report made by

the British Admiralty, which is on Page 163, that the orders for

merchant shipping were published in the _Handbook for the Defense of

Merchant Ships_ of January 1938—they were issued before the war.

Now I come to several documents dealing with the treatment of passenger

ships. They have an important bearing on the _Athenia_ case, since the

_Athenia_ was a passenger ship.

Document Dönitz-68 presents some evidence on the treatment of passenger

ships. First comes an order issued on 4 September 1939, which I should

like to read:

“On the Führer’s orders, no hostile action is to be taken

against passenger ships for the time being, even when in

convoy.”

The next excerpt from the same page contains reports on the use of

passenger ships as troop transports.

I will now read an excerpt from the Directives for the Conduct of the

War against Merchant Shipping, from October to the middle of November

1939, Page 3. As the fullest possible use was made of enemy passenger

boats for the transport of troops, it was no longer possible to justify

their being spared, at least when they were sailing in convoy. The

following order was issued on 29 October: I will read the order, which

is dated 29 October. It is at the bottom of the page:

“Passenger liners in enemy convoys may be subjected to immediate

unrestricted armed attack by U-boats.”

The next document, Dönitz-69, on Page 170, is to show that in November

and December the German press issued a warning against the use of armed

passenger ships by publishing lists of these ships.

The next document is Dönitz-70, on Page 171. It is an order issued on 7

November 1939 by the SKL to Commander of U-boats. I read the order:

“U-boats are permitted to attack immediately with all weapons at

their command all passenger ships which can be identified with

certainty as enemy ships and whose armament is detected or is

already known.”

That was about 6 weeks after permission to attack other armed ships had

been given.

Dönitz-71 shows that the U-boats were also not permitted to attack

blacked-out passenger ships until as late as 23 February 1940, 5

months—no, 4 months—after they were given permission to attack other

ships.

Now I come to the Prosecution’s Exhibit GB-224, which is reproduced on

Pages 199 to 203 in Volume IV of my document book. I should like to

emphasize again that the object of this document was to incriminate

Admiral Raeder in particular; and that it was described by the

Prosecution as a cynical denial of international law. I should like to

point out, to begin with, that according to the title it concerns

deliberations by the Naval Operations Staff on the possibilities of

intensifying economic warfare against England. I shall read a few

paragraphs, or give a short account of them, to show that a very

thorough investigation of international law was made. The first

paragraph is headed “War Aims.”

“The Führer’s proposal to restore a just and honorable peace and

establish a new political order in Central Europe has been

rejected. The enemy powers want war, with Germany’s destruction

as the goal. In the struggle in which Germany is now forced to

defend her existence and rights, Germany must employ her weapons

ruthlessly while fully respecting the rules of soldierly conduct

in warfare.”

Then there follows a paragraph in which it is stated that the enemy is

also ruthless in carrying out his plans. On the next page, Page 200,

there are a few sentences of basic importance which I should like to

read. I read from the paragraph “Military Requirements” the fourth

sentence:

“It is still desirable to base military measures on the existing

principle of international law; but military measures recognized

as necessary must be taken if they seem likely to lead to

decisive military successes, even if they are not admitted by

international law. For that reason, the military weapon which

effectively breaks the enemy’s powers of resistance must on

principle be given a legal base, even if new rules of naval

warfare have to be created for the purpose.

“After weighing political, military, and economic considerations

with regard to the war as a whole, Supreme War Command must

decide on the military procedure and legal rules of warfare to

be applied.”

Then there are a number of excerpts to show the way in which the Naval

Operations Staff investigated the legal aspect of the situation; that is

to say, the present legal aspect of the situation, the situation which

would arise in the case of a siege of England or a blockade against

England. The end, which is on Page 203, emphasizes the political

character of the final decision. I shall read it:

“The decision as to the form to be taken by the intensification

of economic warfare and the time fixed for changing over to the

most intensified and therefore final form of naval warfare in

this war is of far-reaching political importance. It can be made

only by the Supreme War Command, which will weigh the military,

political, and economic requirements against each other.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 13 · 第 21 / 42 题