FLOTTENRICHTER KRANZBÜHLER: 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?
DÖNITZ: 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 KRANZBÜHLER: So this order is in accord with the experiences which our U-boats reported?
DÖNITZ: Entirely.
FLOTTENRICHTER KRANZBÜHLER: I shall 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 self-defense, 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?