I have no more questions to put to the witness.

THE PRESIDENT: Does any other member of defendants’ counsel wish to ask

any questions?

[_There was no response._]

The Prosecution may cross-examine.

COLONEL H. J. PHILLIMORE (Junior Counsel for the United Kingdom): May it

please the Tribunal, with regard to the questions asked by Dr. Siemers,

I was going to leave the cross-examination on those points to the

cross-examination of the Defendant Raeder so as to avoid any

duplication.

[_Turning to the witness._] As I understand the evidence which the

Defendant Dönitz has given and your evidence, you are telling the

Tribunal that with respect to the treatment of neutral merchant ships,

the German Navy has nothing to reproach itself with. Is that right?

WAGNER: Yes.

COL. PHILLIMORE: And the Defendant has said that the German Navy was

scrupulous in adhering to orders about the attitude towards neutral

shipping, and the neutrals were fully warned of what they should and

should not do. Is that right?

WAGNER: Yes.

COL. PHILLIMORE: Admiral Dönitz has also said that there was no question

of deceiving neutral governments; they were given fair warning of what

their ships should not do. Do you agree?

WAGNER: Yes.

COL. PHILLIMORE: Now, I want just to remind you of what steps were taken

as regards neutrals, as they appear from the defense documents.

First of all, on 3 September orders were issued that strict respect for

all rules of neutrality and compliance with all agreements of

international law which were generally recognized were to be observed.

My Lord, that is D-55, Page 139.

THE PRESIDENT: In the British document book?

COL. PHILLIMORE: In the Defense document book—Dönitz-55.

And then, on 28 September, a warning was sent to neutrals to avoid

suspicious conduct, changing course, zig-zagging, and so on. That is

Dönitz-61, at Page 150. On 19 October that warning was repeated and

neutrals were advised to refuse convoy escort. That is Dönitz-62, at

Page 153. On 22 October there was a repetition of the warning, that is

Dönitz-62, Page 162; and on 24 November the neutrals were told that the

safety of their ships in waters around the British Isles and in the

vicinity of the French coast could no longer be taken for granted. That

is Dönitz-73, at Page 206; and then from 6 January onwards, certain

zones were declared dangerous zones. That is right, is it not?

WAGNER: No. On 24 November a general warning was issued that the entire

United States fighting zone was to be considered dangerous. The specific

zones which since January were used as operational zones were not made

public, since they came within the scope of the first warning and served

only for internal use within the Navy.

COL. PHILLIMORE: That is the point I want to be clear about. The zones

that you declared from 6 January onwards were not announced. Is that the

point?

WAGNER: Yes, the neutrals were warned on 24 November that all of those

zones which had been specifically declared as operational zones since

January would be dangerous for shipping.

COL. PHILLIMORE: But when you fixed the specific zones from 6 January

onwards, no further specific warning was given. Is that the case?

WAGNER: That is correct. After the general warning, we issued no further

specific warnings about parts of this zone.

COL. PHILLIMORE: Now, you are not suggesting, are you, that by these

warnings and by this declaration of an enormous danger zone, you were

entitled to sink neutral shipping without warning?

WAGNER: Yes. I am of the opinion that in this zone which we, as well as

the United States of America before us, regarded as dangerous for

shipping it was no longer necessary to show consideration to neutrals.

COL. PHILLIMORE: Do you mean to say that from 24 November onwards every

neutral government was given fair warning that its ships would be sunk

without warning if they were anywhere in that zone?

WAGNER: What I want to say is that on 24 November all the neutral

countries were notified officially that the entire United States of

America zone was to be considered as dangerous and that the German Reich

could assume no responsibility for losses in combat in this zone.

COL. PHILLIMORE: That is quite a different case. Do not let us have any

mistake about this. Are you saying that by that warning you were

entitled to sink neutral ships anywhere in that zone without warning,

sink on sight?

WAGNER: I did not quite catch the last few words.

COL. PHILLIMORE: Are you suggesting that you were entitled to sink at

sight neutral shipping anywhere in that zone, as from 24 November?

WAGNER: I am of the opinion that we were justified from that period of

time onwards in having no special consideration for neutral shipping. If

we had made exceptions in our orders to our U-boats, it would have meant

in every case that they could not have sunk enemy ships without warning.

COL. PHILLIMORE: It is not a question of any special consideration. Do

you say that you became entitled to sink at sight any neutral ship, or

sink it deliberately, whether you recognized it as neutral or not?

THE PRESIDENT: Surely you can answer that question “yes” or “no.”

WAGNER: Yes, I am of that opinion.

COL. PHILLIMORE: Will you tell me how that squares with the submarine

rules?

WAGNER: I do not feel competent to give a legal explanation of these

questions because that is a matter of international law.

COL. PHILLIMORE: At any rate, that is what you proceeded to do, is it

not? You proceeded to sink neutral ships at sight and without warning

anywhere in that zone?

WAGNER: Yes; not just anywhere in this zone, but in the operational

zones stipulated by us neutral ships were...

COL. PHILLIMORE: But wherever you could—wherever you could?

WAGNER: In the operational zones stipulated by us we sank neutral ships

without warning, for we were of the opinion that in this case we were

concerned with secured zones near the enemy coast which could no longer

be considered the open sea.

COL. PHILLIMORE: And that is what you desired to do at the very start of

the war, was it not? That is what you decided to do?

WAGNER: From the beginning of the war we decided to adhere strictly to

the London Agreement.

COL. PHILLIMORE: Would you look at the document which was put in

yesterday? My Lord, it is D-851. It is put in as GB-451. It is a

memorandum of 3 September.

THE PRESIDENT: Where is it?

COL. PHILLIMORE: My Lord, it was the only new document that Sir David

Maxwell-Fyfe put in in cross-examination.

[_Turning to the witness._] Would you look at the third paragraph:

“The Navy has arrived at the conclusion that the maximum damage

to England can be achieved with the forces available only if the

U-boats are permitted an unrestricted use of arms without

warning against enemy and neutral shipping in the prohibited

area indicated on the enclosed map.”

Do you still say that you did not intend from the start of the war to

sink neutral shipping without warning as soon as you could get Hitler to

agree to let you do so? Do you still say that?

WAGNER: Yes, absolutely. In this document, in the first paragraph, it

says:

“In the attached documents sent to the Navy by the OKW the

question of unrestricted U-boat warfare against England is

discussed.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 13 · 第 29 / 42 题