dtufail/nuremberg-trials-corpus huggingface dataset:
FLOTTENRICHTER KRANZBUHLER: Was this intensification of the war against merchantmen by the order to fire on armed merchantmen, and later the order to attack all enemy merchantmen, based on the free judgment of the Naval Operations Staff, or was it a forced development? Doenitz: This development, as I have said before, was entirely forced. If merchantmen are armed and make use of their arms, and if they send messages which summon protection, they force the U-boat to submerge and attack without warning. That same forced development, in the areas which we patrolled, was also the case with the British submarines, and applied in exactly the same way to American and Russian submarines.
FLOTTENRICHTER KRANZBUHLER: If, on one side, a merchantman sends a message and opens fire, and on the other side the submarine, for that reason, attacks without warning, which side has the advantage of this development, according to your experience? The side of the merchantman or the side of the submarine? Doenitz: In an ocean area where there is no constant patrolling by the enemy, by naval forces of any kind or by aircraft, as along the coast, the submarine has the advantage. But in all other areas the ship acquires the main attack weapons against a submarine, and the submarine is therefore compelled to treat that ship as a battleship, which means that it is forced to submerge and loses its speed. Therefore, in all ocean areas, with the exception of coastal waters which can be constantly controlled, the advantage of arms lies with the merchantman.
FLOTTENRICHTER KRANZBUHLER: Are you of the opinion that the orders of the Naval Operations Staff actually remained within the limits of what was militarily necessary due to enemy measures, or did these orders go beyond military necessity? Doenitz: They remained absolutely within the bounds of what was necessary. I have explained already that the resulting steps were always taken gradually and after very careful study by the Naval Operations Staff. This very careful study may also have been motivated by the fact that for political reasons any unnecessary intensification in the West was to be avoided.
FLOTTENRICHTER KRANZBUHLER: Admiral, these orders we have mentioned were based at that time only on German experiences and without an accurate knowledge of the orders which had been issued on the British side Now, I should like to put these orders to you; we now have information on them through a ruling of the Tribunal, and I should like to ask you whether these individual orders coincide with your experiences or whether they are somewhat different. I submit the orders of the British Admiralty as Exhibit Doenitz-67. It is on Page 163 in Document Book 3. As you know, this is the Handbook of the British Navy of 1938, and I draw your attention to Page 164, to the paragraph on reporting the enemy. Doenitz: There is no pagination here.
FLOTTENRICHTER KRANZBUHLER: It is D.M. S. 3-I-55, the paragraph on radio. The heading is `'Reporting the Enemy." Doenitz: Yes.
FLOTTENRICHTER KRANZBUHLER: I will read the paragraph to you: `'As soon as the master of a merchant ship realizes that a ship or aircraft in sight is an enemy, it is his first and most important duty to report the nature and position of the enemy by wireless telegraph. Such a report promptly made may be the means of saving not only the ship herself but many others; for it may give an opportunity for the destruction of her assailant by our warships or aircraft, an opportunity which might not recur." Then there are more details which I do not wish to read, on the manner and method, when and how these radio signals are to be given. Is this order in accordance with your experience? Doenitz: Yes. In this order, there is not only a directive to send wireless signals if the ship is stopped by a U-boat-that alone would, according to international law, justify the U-boat in employing armed force against the ship-but beyond that it- is stated that as soon as an enemy ship is in sight this signal is to be transmitted in order that the naval forces may attack in time.
FLOTTENRICHTER KRANZBUHLER: So this order is in accord with the experiences which our U-boats reported? Doenitz: Entirely.
FLOTTENRICHTER KRANZBUHLER: I shad draw your attention now to the Paragraph D. M. S. 2-VII, on Page 165, that is the paragraph on opening fire: 'conditions under which fire may be opened." `'(a) Against enemy acting in accordance with international law.-As the armament is solely for the purpose of selfdefense, it must only be used against an enemy who is clearly attempting to capture or sink the merchant ship. On the outbreak of war it should be assumed that the enemy will act in accordance with international law, and fire should therefore not be opened until he has made it plain that he intends to attempt capture. Once it is clear that resistance will be necessary if capture is to be averted, fire should be opened immediately. "(b) Against enemy acting in defiance of international law.- If, as the war progresses, it unfortunately becomes clear that in defiance of international law the enemy has adopted a policy of attacking merchant ships without warning, it will then be permissible to open fire on an enemy vessel, submarine, or aircraft, even before she has attacked or demanded surrender, if to do so will tend to prevent her gaining a favorable position for attacking." Is this order, that is to say, the order "(a)" and "(b)," in accord with the experiences made? Doenitz: In practice no difference can be established between "(a)" and "(b)." I should like to draw attention in this connection to D. M. S. 3-III, Page 167, under IV; that is the last paragraph of "(b)" of the number mentioned.
FLOTTENRICHTER KRANZBUHLER: One moment, do you mean "(b)-V"? Doenitz: It says here "(b)-IV''. There...
FLOTTENRICHTER KRANZBUHLER: That is not printed, Mr. President. Doenitz: "In ships fitted with a defensive armament, open fire to keep the enemy at a distance"-that is (b)-IV-'`if you consider that he is clearly intending to effect a capture and that he is approaching so close as to endanger your chances of escape." That means therefore that as soon as the ship sights a U-boat, which during war must be assumed to be there for a reason to effect a capture-the ship will, in its own defense, open fire as soon as it comes within range; that is when the submarine has come within range of its guns. The ship, in using its guns for an offensive action, can act in no other way.
FLOTTENRICHTER KRANZBUHLER: Admiral, did the armed enemy vessels act then in the manner which you have described; that is, did they really fire, as soon as a submarine came within range? Doenitz: Yes. As early as-according to my recollection, the first report came from a U-boat about that on 6 September 1939.
FLOTTENRICHTER KRANZBUHLER: With this order, however, we find a further supplement under AMS I-118, dated 13 June 1940, on Page 165, and here we read: "With reference to D.M.S. Part 1, Article 53, it is now considered clear that in submarine and aerial operations the enemy has adopted a policy of attacking merchant ships without warning. Subparagraph (b) of this article should therefore be regarded as being in force." That means, then, that the order which we read before, `'(b)" was to be considered in effect only from 13 June 1940. Do you mean to say that actually before that, from the very beginning, you acted according to the order "(b)"? Doenitz: I have already stated that between an offensive and defensive use of armament on the part of a ship against a submarine, there is practically no difference at all, that it is a purely theoretical differentiation. But even if one did differentiate between them, then beyond doubt the Reuter report-I believe dated 9 September-which said incorrectly that we were conducting unlimited submarine warfare was designated to inform ships' captains that now case "(b)" was valid.
FLOTTENRICHTER KRANZBUHLER: I put to you now a directive on the handling of depth charges on merchant ships. It is on Page 168, the reference list. The heading is "Reference List (D)," the date is "14 September 1939." I read: '`The following instructions have been sent out to all W.P.S.'s: It has now been decided to fit a single depth charge chute, with hand release gear and supplied with 3 charges, in all armed merchant vessels of 12 knots or over." Then there are more details and at the end a remark about the training of the crews in the use of depth charges. The distribution list shows numerous naval officers. Did you experience this use of depth charges by merchant vessels and were such depth charge attacks by merchant ships observed? Doenitz: Yes, repeatedly.
FLOTTENRICHTER KRANZBUHLER: Speaking of a ship with a speed of 12 knots or more, can one say that a depth charge attack against a U-boat is a defensive measure? Doenitz: No. Each depth charge attack against a submarine is definitely and absolutely an offensive action; for the submarine submerges and is harmless under water, while the surface vessel which wants to carry out the depth charge attack approaches as closely as possible to the position where it assumes the U-boat to be, in order to drop the depth charge as accurately as possible on top of the U-boat. A destroyer, that is, a warship, does not attack a submarine in any different way.
FLOTTENRICHTER KRANZBUHLER: You are therefore basing the manner in which you attacked enemy ships on these tactics employed by enemy merchantmen. However, neutral ships also suffered, and the Prosecution charges the German U-boat command expressly with this. What do you have to say to that? Doenitz: Neutral merchantmen, according to the political orders, the orders of the Naval Operations Staff, were only attacked without warning when they were found in operational zones which had been definitely designated as such, or naturally only when they did not act as neutrals should, but like ships which were participating in the war.
FLOTTENRICHTER KRANZBUHLER: The Prosecution has offered a document in evidence, according to which, in certain ocean areas, attack without warning against neutrals was authorized, beginning January 1940. I am referring to Prosecution Document GB-194. I will read to you the sentence which the Prosecution is holding against you.
THE PRESIDENT: Can you tell us where it is?
FLOTTENRICHTER KRANZBUHLER: It is in the British document book, Page 30, MR. PRESIDENT. In the document book of the Prosecution, Page 30. [Turning to the defendant.] I will read you the sentence which is held against you: "In the Bristol Channel, attack without warning has been authorized against all ships where it is possible to claim that mine hits have taken place." This order is dated 1 January 1940. Can you tell me whether at that time neutrals had already actually been warned against using this shipping lane? Doenitz: Yes. Germany had sent a note to the neutrals on 24 November 1939, warning them against using these lanes and advising neutrals to use the methods of the United States, whereby American ships-in order to avoid any incidents-had been forbidden to enter the waters around England.
FLOTTENRICHTER KRANZBUHLER: I wig hand you the note of which you speak, and I will at the same time submit it to the Tribunal as Exhibit Doenitz-73, to be found on Page 206 of the document book. It is in Document Book 4, Page 206. This is an excerpt from the War Diary of the Naval Operations Staff, dated 24 November 1939. It has the following text: "To the Missions, according to enclosed list. "Telegram. "Supplement to wire release of 22 October. "Please inform the Government there of the following: "Since the warning issued on (date to be inserted here) regarding the use of English and French ships, the following two new facts are to be recorded: "a) The United States has forbidden its ships to sail in a definitely defined area. "b) Numerous enemy merchant ships have been armed. It is known that these armed ships have instructions to use their weapons aggressively and to ram U-boats. "These two new facts give the Reich Government occasion to renew and emphasize its warning, that in view of the increasingly frequent engagements, waged with all means of modern war technique, in waters around the British Isles and in the vicinity of the French coast, the safety of neutral ships in this area can no longer be taken for granted. "Therefore the German Government urgently recommends the choice of the route south and east of the German proclaimed danger zone, when crossing the North Sea. "In order to maintain peaceful shipping for neutral states and in order to avoid loss of life and property for the neutrals, the Reich Government furthermore feels obliged to recommend urgently legislative measures following the pattern of the U.S. Government, which in apprehension of the dangers of modern warfare, forbade its ships to sail in an exactly defined area, in which, according to the words of the President of the United States, the traffic of American ships may seem imperiled by belligerent action.
FLOTTENRICHTER KRANZBUHLER: "The Reich Government must point out that it rejects any responsibility for consequences brought about by disregarding recommendations and warnings." This is the note to which you referred, Admiral? Doenitz: Yes.
FLOTTENRICHTER KRANZBUHLER: In other words, in your opinion, these sinkings in the Bristol Channel could be carried out lawfully as from 1 January? Doenitz: Yes; these ocean areas were clearly limited areas in which hostilities took place continuously on both sides. The neutrals had been warned expressly against using these areas. If they entered this war area, they had to run the risk of being damaged. England proceeded likewise in its operational areas in our waters.
FLOTTENRICHTER KRANZBUHLER: Since you considered these sinkings legal, why was the order given to attack without being sighted, if possible, in order to maintain the fiction that mine hits had taken place? Doesn't that indicate a bad conscience? Doenitz: No. During a war there is no basic obligation to inform the enemy with what means one does one's fighting. In other words, this is not a question of legality, but a question of military or political expediency. England in her operational areas did not inform us either as to the means of fighting she uses or did use; and I know how many headaches this caused me when I was Commander-in-Chief of the Navy, later, in endeavoring to employ economically the small means we had. That is the principle. At that time when, as Commander of U-boats, I received this order to simulate mine hits where possible, I considered this as militarily expedient, because the counterintelligence were left in doubt as to whether mine sweepers or U-boat defense means were to be employed. In other words, it was a military advantage for the nation conducting the war, and today I am of the opinion that political reasons also may have influenced this decision, with the object of avoiding complications with neutral countries.
FLOTTENRICHTER KRANZBUHLER: How could complications with neutral countries come into being, in your opinion, if this naval warfare measure was a legal one? ' Doenitz: During the first World War we had experienced what part is played by propaganda. Therefore I think it possible that our Government, our political leaders, for this reason, too, may have issued this order.
FLOTTENRICHTER KRANZBUHLER: From your own experience you know nothing about these political reasons? Doenitz: Nothing at all.
FLOTTENRICHTER KRANZBUHLER: Up to now you have spoken about the orders which were received by the U-boats, first for combating enemy ships, and secondly for combating or searching neutral ships. Were these orders then actually executed? That was primarily your responsibility, was it not? Doenitz: No U-boat commander purposely transgressed an order, or failed to execute it. Of course, considering the large number of naval actions, which ran into several thousands within the 51/ years of war, a very few individual cases occurred in which, by mistake, such an order was not followed.
FLOTTENRICHTER KRANZBUHLER: How could such a mistake occur? Doenitz: Every sailor knows how easily mistakes in identification can occur at sea; not only during a war, but also in peacetime, due to visibility, weather conditions, and other factors.
FLOTTENRICHTER KRANZBUHLER: Is it also possible that submarines operated on the borders of the operational areas, although they were already outside these borders? Doenitz: That is, of course, also possible. For again every sailor knows that after a few days of bad weather, for instance, inaccuracy in the ship's course happens very easily. This occurs, however, not only in the case of the submarine, but also of the ship, which perhaps is under the impression of having been outside the operational area when torpedoed. It is very difficult to establish the fact in such cases.
FLOTTENRICHTER KRANZBUHLER: What steps did you, as Commander of U-boats, take when you heard of such a case, a case in which a U-boat had transgressed its orders, even if by mistake? Doenitz: The main thing was the preventive measures, and that was done through training them to be thorough and to investigate quietly and carefully before the commander took action. Moreover, this training had already been carried on in peacetime, so that our U-boat organization bore the motto: "We are a respectable firm." The second measure was that during the war every commander, before leaving port, and after returning from his mission, had to report to me personally. That is, before leaving port he had to be briefed by me.
FLOTTENRICHTER KRANZBUHLER: I beg your pardon, Admiral. That did not continue when you were Commander-in-Chief of the Navy, did it? Doenitz: That was limited after 1943, after I had become Commander-in-Chief. Even then it did continue. In any case, it was the definite rule during my time as Commander of U-boats, so that a commander's mission was considered completed and satisfactory only after he had reported to me in full detail. If, on such an occasion, I could establish negligence, then I made my decision according to the nature of the case, as to whether disciplinary action or court-martial proceedings and punishment had to take place.
FLOTTENRICHTER KRANZBUHLER: I have found here an entry GB-198, on Page 230, in Document Book 4 of the Prosecution, which I would like to read to you. This is a war diary of the Commander of U-boats, that is, yourself. 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? Doenitz: 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 KRANZBUHLER: 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? Doenitz: Yes. I remember a case against Kapitanleutnant 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 KRANZBUHLER: 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? Doenitz: I do not think it is necessary to discuss this question at all. The simple facts speak for themselves. During the 5 1/2 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 KRANZBUHLER: 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 Fuehrer, 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 Fuehrer, the Prosecution, Admiral, termed your attitude cynical and opportunistic. Will you please explain tot the Tribunal what the meaning of this order actually is? Doenitz: 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 KRANZBUHLER: You mean to say, in other words, that you had nothing to do with the handling of this question? Doenitz: 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 KRANZBUHLER: One moment, Admiral. To stop them where, in the operational area or outside the operational area? Doenitz: 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. Kranzbuhler, 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?