The course of the war waged against neutral and Allied merchant shipping by the U-boats followed under the defendant’s direction a course of consistently increasing ruthlessness. The defendant displayed his masterly understanding in adjusting himself to the changing fortunes of war. From the very early days, merchant ships, both Allied and neutral, were sunk without warning; and when operational danger zones had been announced by the German Admiralty, these sinkings continued to take place both within and without those zones. With some exceptions in the early days of the war, no regard was taken for the safety of the crews or passengers of sunk merchant ships, and the announcement claiming a total blockade of the British Isles merely served to confirm the established situation under which U-boat warfare was being conducted without regard to the established rules of international warfare or the requirements of humanity.

The course of the war at sea during the first 18 months is summarized by two official British reports made at a time when those who compiled them were ignorant of some of the actual orders issued which have since come to hand.

My Lord, I turn to the next document in the document book. It is Document D-641(a), which I put in to become Exhibit GB-191. It is an extract from an official report of the British Foreign Office concerning German attacks on merchant shipping during the period 3 September 1939 to September 1940, that is to say, the first year of the war, and it was made shortly after September 1940.

My Lord, if I might quote from the second paragraph on the first page:

“During the first 12 months of the war, 2,081,062 tons of Allied shipping comprising 508 ships have been lost by enemy action. In addition, 769,213 tons of neutral shipping, comprising 253 ships, have also been lost. Nearly all these merchant ships have been sunk by submarine, mine, aircraft, or surface craft, and the great majority of them were sunk while engaged on their lawful trading voyages. 2,836 Allied merchant seamen have lost their lives in these ships. . . .


“In the last war the practice of the central powers was so remote from the recognized procedure that it was thought necessary to set forth once again the rules of warfare in particular as applied to submarines. This was done in the Treaty of London, 1930; and in 1936 Germany acceded to the rules. The rules laid down:


“(1) In action with regard to merchant ships, submarines must conform to the rules of international law to which surface vessels are subjected.