[Turning to the defendant.] Defendant, would you return to the last document, C-158. That’s the one about the Geneva Convention; it’s Page 69 of the English book; 102 of the German, whichever you’re following. The sergeant major will help you to find it.
Now, if you’ll look at the first paragraph, after the sentence I read, “The Führer is considering whether or not Germany should renounce the Geneva Convention,” it goes on:
“Not only the Russians but also the Western Powers are violating international law by their actions against the defenseless population and the residential districts of the towns. It therefore appears expedient to adopt the same course in order to show the enemy that we are determined to fight with every means for our existence and, also, through this measure to urge our people to resist to the utmost.”
Were not these, that are referred to there as the “same course”—were not these the “measures considered necessary” to which you were referring in the second minute?
DÖNITZ: The witness who drew up these two records will be able to explain exactly where and when this information was given. I myself was only told, just as the Reich Marshal testified, that the Führer was upset because our Western Front was not holding, and men were quite pleased to become American and English prisoners of war. That was how the whole thing began; and that was the information which I originally received.
I cannot give an opinion on these minutes which were drawn up by an officer. The best thing would be for Admiral Wagner to give more exact details of these matters. I cannot say more than that under oath. I was of the opinion that the renunciation of the Geneva Convention was in principle a great mistake and was wrong. I have given practical proof of my views on the treatment of prisoners of war. Everything else is wrong.
SIR DAVID MAXWELL-FYFE: I want to make quite clear the point that the Prosecution put against you as this: That you were prepared not to denounce the Convention, but you were prepared to take action contrary to the Convention and say nothing about it; and that’s what I suggested is the effect of the last sentence, especially when read with these words in the first paragraph.
My Lord, I am going to pass to the war at sea.
DÖNITZ: I beg your pardon, but may I say one thing more? If measures are taken against desertion, they must be made public. They must have a deterrent effect; and so it never entered my head to keep them secret. On the contrary my only thought was, “How is it possible to leave the Geneva Convention at all?” And that is what I was expressing.
SIR DAVID MAXWELL-FYFE: The document is clear.