The next group is Document Dönitz-43, on Page 95; Dönitz-90, on Page 258, and Dönitz-67, on Page 96. They all deal with the subject of whether a ship is obliged to carry out rescues if this would endanger the ship itself, and relates to the document of the Prosecution, GB-196 on Page 33 of the document book of the Prosecution and GB-199 on Page 36 of the Prosecution’s book. They show first the methods of the British navy...
THE PRESIDENT: Dr. Kranzbühler, you have told us the subject they relate to. That is to say, they relate to the subject whether a ship is obliged to rescue if in danger, and that, you say, is an answer to GB-196 and 199. Why should you tell us anything more than that?
FLOTTENRICHTER KRANZBÜHLER: If that is sufficient, then I shall proceed, Mr. President. The last document in this group is Dönitz-53, Page 99. It is a statement signed by some 60 U-boat commanders from an English prisoner-of-war camp, and it deals with the fact that they never received an order to kill survivors. The Prosecution objected to it because it was considered too general and was not sworn to. I believe that it contains a very concrete statement concerning the alleged order for destruction. Furthermore, it is an official report by the German commanders as prisoners of war to their superior, the English camp commandant; and I received it through the British War Office. I request the Tribunal particularly to approve this document, because it has a high probative and moral value for myself and for my client.
The last group of the documents objected to comes under the heading “Conspiracy.” It is in the document book, Volume II, Mr. President, Dönitz-47, and relates to Exhibit GB-212. Dönitz-47 is on Page 120. The document of the Prosecution is Exhibit GB-212. On Page 75 an incident is mentioned, namely, that Admiral Dönitz approved the fact that a traitor in a prisoner-of-war camp was done away with. Dönitz-47 will show that the removal of traitors is an emergency measure which is approved by all governments in time of war.
Dönitz-48 deals with the subject of the treatment of prisoners of war. It is related to the document of the Prosecution, Exhibit GB-209. Dönitz-48 is on Page 122 in my document book, and GB-209 is on Page 68 of the document book of the Prosecution. In connection with GB-209, which deals with the possibility of abandoning the Geneva Convention, the Prosecution accuses Dönitz of wanting to risk the lives of 150,000 American and over 50,000 British prisoners of war without scruple. In my opinion, it is not sufficient merely to dispute such a statement which is made by the Prosecution, but I must prove that those prisoners of war for whom Admiral Dönitz himself was responsible were not only treated according to international law but in an exemplary manner and as can be seen from a British statement, which is contained in evidence, “with fairness and consideration.”
The next document Dönitz-49 deals with the treatment of native populations. It is on Page 130. It is relevant to the documents of the Prosecution GB-210, Prosecution document book Page 69, and GB-211, Prosecution document book Page 72. According to these two documents of the Prosecution Admiral Dönitz is connected with the conspiracy for committing crimes against the native populations of occupied territories. Here again, I would like to show that in that sector for which he was personally responsible, he did everything necessary to protect the inhabitants of the occupied territories. Therefore I have submitted evidence concerning the sentences imposed by the naval courts for the protection of the inhabitants, which have been confirmed by Admiral Dönitz even in the case of death sentences against German soldiers.
The Prosecution states that this document is also very general. The document has an appendix with about 80 individual examples of sentences. I have not included these examples, in order to save the translators this work; but if the Tribunal considers it necessary, I will certainly have that appendix translated.
The last group contains Dönitz-51, on Page 134, and Dönitz-52, on Page 135. They are in connection with the Prosecution’s Document GB-188, on Page 10 of the British document book. That is the speech made by Admiral Dönitz on the occasion of Adolf Hitler’s death. In connection with that document and another, the Prosecution has accused him of being a fanatical Nazi and, as such, of prolonging the war at the expense of the men, women, and children of his country. The very documents of the Prosecution, however, show that he considered a delay of capitulation necessary in order to make it possible to get as many people as possible from the East to the West and thus bring them to safety.
The Documents Dönitz-51 and Dönitz-52 will prove that in fact many hundreds of thousands, if not millions, of German people were brought to safety during these last weeks of the war.
THE PRESIDENT: We shall see that from the documents presumably. That is part of the details in the documents, isn’t it, what you say?