SIR DAVID MAXWELL-FYFE: Well, now, just one other matter, because I must cover these points in view of your evidence.
Did you order your commanders to treat the use of wireless as active resistance? Did you consider that the use of wireless for merchant ships was active resistance within the Treaty?
DÖNITZ: On 24 September, the Naval Operations Staff’s order...
SIR DAVID MAXWELL-FYFE: No, no, just answer the question first, Defendant, and then give your explanation. I said that to you quite 20 times yesterday and today. Did you consider the use of wireless by merchant ships as active resistance?
DÖNITZ: It is generally laid down by international law that a merchant ship can be fired on if it makes use of its wireless when stopped. That is also in the French Ordinance, for instance. In order to avoid more severe measures we had not, as a rule, done so yet. Not until the end of September, when I received a definite order or permission to do so, was that rule, which is in accordance with international law, put into effect.
SIR DAVID MAXWELL-FYFE: Tell me, didn’t the German Admiralty know in 1936 that most merchantmen had wireless?
DÖNITZ: Of course, but according to the International Conference on International Law—I happen to know this because it appeared as a footnote in the Prize Ordinance—according to this conference of 1923, they were not allowed to use wireless when being stopped. That is international law and is found in all instructions. I know for certain that the French instructions say this too.
SIR DAVID MAXWELL-FYFE: At any rate again, the German Admiralty and the German Foreign Office did not make any mention of use of wireless in this Treaty.
What I am suggesting—I want to put it quite clearly to you—is that you were not bothering about this Treaty at all in any case where it didn’t suit you in the operations in this war.
DÖNITZ: That is not true.