“163 Italians handed over to ‘Annamite.’ Navigating Officer of ‘Laconia’ and another English Officer on board.” (D-630)

The telegram goes on to set out the position of English and Polish survivors in boats.

The reply from Doenitz’s headquarters was sent on the 20th:

“Action as in wireless telegram message of 17th of September was wrong. Boat was detailed to rescue Italian allies and not for the rescue of English and Poles.” (D-630)

Such were Doenitz’s plans before the bombing incident ever occurred.

“Operation Order Atlantic No. 56,” dated 7 October 1943, contains the sailing orders of a U-boat (D-663). Although the date of this order is 7 October 1943, in fact it is only a reproduction of an order issued earlier, in the autumn of 1942. The following is an extract from this order:

“Rescue ships: A so-called rescue ship is generally attached to every convoy, a special ship of up to 3000 gross registered tons, which is intended for the picking up of survivors after U-boat attacks. These ships are, for the most part, equipped with a shipborne aircraft and large motor-boats, are strongly armed with depth-charge throwers, and very manoeuverable, so that they are often called U-Boat Traps by the commander. In view of the desired destruction of ships’ crews, their sinking is of great value.” (D-663)

The Prosecution does not complain against attacks on rescue ships. They are not entitled to protection. But the point of the foregoing order to U-boats was that priority in attack should be given to rescue ships. This order, therefore, is closely allied with the order of 17 September 1942 (D-630): in view of the Allied shipbuilding program the German Navy had resolved to take all means to prevent Allied ships from being manned.

To summarize, it would appear from the War Diary entry of 17 September that orders on the lines discussed between Hitler and Oshima were, in fact, issued. They have not, however, been captured. It may be that they were issued orally, and that Doenitz awaited a suitable opportunity before confirming them. The incident of the bombing of the U-boats detailed to rescue the Italian survivors from the “Laconia” afforded the opportunity, and the order to all commanders was issued. Its intent is clear when it is considered in the light of the War Diary entry. The wording is, of course, extremely careful, but to any officer of experience its intention was obvious: he would know that deliberate action to annihilate survivors would be approved under that order.

It may be contended that this order, although perhaps unfortunately phrased, was merely intended to stop a commander from jeopardizing his ship by attempting a rescue, which had become increasingly dangerous as a result of the extended coverage of the ocean by Allied aircraft; and that the notorious action of U-Boat Commander Eck in sinking the Greek steamer “Peleus” and then machine-gunning the crew on their rafts in the water, was an exception; and that, although it may be true that a copy of the order was on board, this action was taken solely, as Eck himself swore, on his own initiative.