“ ‘I will explain the viewpoint of the High Command, which gave this order, by reference to the following event:’ I then mentioned the example of the Type VII boat in the Bay of Biscay together with the explanation and viewpoint expressed to me by Commander in Chief U-boats’ staff. I then went on to say, ‘Gentlemen, you must yourselves decide what is compatible with your own consciences. The safety of your own boat must always remain your prime consideration.’ ”

* * * * * *

“I also remember that many commanding officers after the order of September 1942 had been read said, ‘That is quite clear and unequivocal however hard it may be.’ Had this order been given to me as a commanding officer I would have taken note of it in silence but in practice would always have been able with a clear conscience not to carry it out since I consider I would endanger my own boat by acting in this way, (i.e., by shooting at lift-boats).” (382-PS)

Finally, Moehle describes the orders to omit from U-boat logs the notation of any actions in violation of International Law:

“There was an order—I do not remember whether it was in the form of a written or verbal instruction—that no events during a war patrol which contravened established international agreements should be entered in the war log. I believe that the reason for this order was that eight copies were made of war logs and were available to many authorities; there was always the danger therefore that events of this nature would become known and it was undoubtedly undesirable for reasons of propaganda that this should be so.

“Events of this nature were only to be reported if asked for when commanding officers made their personal reports; these were invariably made after every patrol to Commander in Chief U-boats or later in certain instances to Captain U-boats.” (382-PS)

Two cases may be noted in which the order of 17 September 1942 (D-630) was apparently put into effect. The first case is the sinking of a steam trawler, the “Noreen Mary,” which was sunk by U-247 on 5 July 1944. The log of the U-Boat shows that at 1943 hours two torpedoes were fired, which missed (D-645).

At 2055 hours the log reads:

“Surfaced.

“Fishing Vessels: [Bearings of 3 ships given].