Well, now, let’s pass to another point. In mid-November of 1939, Germany gave warning that she would sink, without warning, merchant ships, if armed. Don’t you know that before that warning—if you want to see the point you will find it on Page 21 of the English document book or 51 to 52 of the German document book. It is just before the break, about five lines.
“By the middle of November, a score of”—that is 20—“British merchantmen had already been illegally attacked by gunfire or torpedoed from submarines.”
THE PRESIDENT: Which page did you say?
SIR DAVID MAXWELL-FYFE: My Lord, Page 21, about ten lines before the break.
[Turning to the defendant.] You see, what I am suggesting, Defendant, is that the statement, the warning, that you would sink merchant ships, if armed, made no difference to the practice you had already adopted of sinking unarmed ships without warning.
DÖNITZ: In the beginning of October, if I remember correctly, I received the order or the permission, the legal permission, to sink armed merchantmen. From that moment on I acted accordingly.
SIR DAVID MAXWELL-FYFE: Just tell me: Was it your view that the mere possession of arms, a gun, on the merchant ship, constituted active resistance to visit or search within the Treaty; or was this a new addition for the guidance of German U-boat warfare which you were introducing completely independent of the Treaty?
DÖNITZ: It is a matter of course that if a ship has a gun on board she will use it. It would have been a one-sided obligation if the submarine, in a suicidal way, were then to wait until the other ship fired the first shot. That is a reciprocal agreement, and one cannot in any circumstances expect the submarine to wait until it gets hit first. And, as I said before, in practice the steamers used their guns as soon as they came within range.
SIR DAVID MAXWELL-FYFE: But you know, the arming of merchant ships, Defendant, was well known in the last war. It was well known for 20 years before this Treaty was signed. And you will agree with me, won’t you, that there is not a word in the Treaty forbidding the arming of merchant ships? Why didn’t you give these ships the opportunity of abstaining from resistance or of stopping? Why did you go in the face of the Treaty which you had signed only 3 years before? That is all I want to know. If you can’t tell me, if you say it is a matter for argument, I will ask Admiral Raeder. At the moment, will you tell us, or can you tell us, why didn’t you keep to the Treaty?
DÖNITZ: That was not an infringement of the Treaty. I am not an expert on international law. I am soldier; and I acted according to my military orders. Of course, it is suicide for a submarine to wait till it receives the first hit. It goes without saying that the steamer is not carrying guns for fun, but to make use of them. And I have already explained what use was made of them.