That means, then, that the order which we read before, “(b)” was to be considered in effect only from 13 June 1940. Do you mean to say that actually before that, from the very beginning, you acted according to the order “(b)”?

DÖNITZ: I have already stated that between an offensive and defensive use of armament on the part of a ship against a submarine, there is practically no difference at all, that it is a purely theoretical differentiation. But even if one did differentiate between them, then beyond doubt the Reuter report—I believe dated 9 September—which said incorrectly that we were conducting unlimited submarine warfare was designated to inform ships’ captains that now case “(b)” was valid.

FLOTTENRICHTER KRANZBÜHLER: I put to you now a directive on the handling of depth charges on merchant ships. It is on Page 168, the reference list. The heading is “Reference List (D),” the date is “14 September 1939.” I read:

“The following instructions have been sent out to all W.P.S.’s: It has now been decided to fit a single depth charge chute, with hand release gear and supplied with 3 charges, in all armed merchant vessels of 12 knots or over.”

Then there are more details and at the end a remark about the training of the crews in the use of depth charges. The distribution list shows numerous naval officers.

Did you experience this use of depth charges by merchant vessels and were such depth charge attacks by merchant ships observed?

DÖNITZ: Yes, repeatedly.

FLOTTENRICHTER KRANZBÜHLER: Speaking of a ship with a speed of 12 knots or more, can one say that a depth charge attack against a U-boat is a defensive measure?

DÖNITZ: No. Each depth charge attack against a submarine is definitely and absolutely an offensive action; for the submarine submerges and is harmless under water, while the surface vessel which wants to carry out the depth charge attack approaches as closely as possible to the position where it assumes the U-boat to be, in order to drop the depth charge as accurately as possible on top of the U-boat. A destroyer, that is, a warship, does not attack a submarine in any different way.

FLOTTENRICHTER KRANZBÜHLER: You are therefore basing the manner in which you attacked enemy ships on these tactics employed by enemy merchantmen. However, neutral ships also suffered, and the Prosecution charges the German U-boat command expressly with this. What do you have to say to that?