The following are the figures on record. This is for the first year of the war:
“Ships sunk: 241.
“Recorded attacks: 221.
“Illegal attacks: 112. At least 79 of these 112 ships were torpedoed without warning. This does not, of course, include convoy ships.”
I wanted you to be quite clear, Defendant, that it excludes, first of all, ships where any measures had been taken for the safety of the crew and secondly, it excludes convoy ships.
Now, do you dispute these figures in any way, that there were 79 attacks without warning in the first year of the war?
DÖNITZ: Yes, I do. These figures cannot be checked. Yesterday I stated that in consequence of the use of arms by ships we had to take other measures. So I cannot check whether this report, which for other reasons looks very like propaganda to me, takes into consideration the behavior of the crews and their resistance, et cetera. That is to say, it is impossible for me to check these figures or to say on what they are based. At any rate, the German point of view was that it was legal considering that the ships were armed and that they transmitted intelligence—were part of an intelligence organization—and that from now on action would be taken against these ships without warning. I have already mentioned the fact that England acted in exactly the same way, and so did other nations.
SIR DAVID MAXWELL-FYFE: I am going to ask you some questions about that, but let’s just take one example. Was any warning given before the Athenia was sunk?
DÖNITZ: No, I have already stated that that was a mistake; the Athenia was taken for an auxiliary cruiser. The sinking of an auxiliary cruiser without warning is quite legal. I have also stated already that on a thorough examination of the case, I have found that the commander should have been more cautious and that is why he was punished.
SIR DAVID MAXWELL-FYFE: I just want to get your view, Defendant. Did it ever occur to you that in the case of a merchant ship, if it were sunk without warning, it meant either death or terrible suffering to the crew and to these merchant seamen? Did that ever occur to you?