DÖNITZ: Yes. Special lanes were left open for the neutrals. They did not have to enter the combat area unless they were going to England. Then they had to run the risk of war.
SIR DAVID MAXWELL-FYFE: I just want you to tell me, if you will look back to Document C-21; that is, on Page 30 of the English book and Pages 59 to 60 of the German, you see that in all these cases—you take the one in Paragraph 2, Page 5:
“Conference with the Chief of Naval Operations Staff”—on 2 January; that was the “intensified measures” in connection with the “Case Yellow,” that is, the invasion of Holland and Belgium—“the sinking by U-boats... without any warning, of all ships in those waters near the enemy coasts in which mines can be employed.”
Why, if, as you have just told the Tribunal several times, you were acting in accordance with what you believe to be international law, why did you so act only in areas where mines could be employed?
DÖNITZ: I have already explained that that was a question not of legality but of military expediency. For military reasons I cannot give the enemy explicit information as to the means of combat I am using in an area which may be mined. You operated in the same way. I remind you of the French danger zone which was declared, corresponding to the mined areas around Italy. You did not state which weapons you were using, either. That has nothing to do with legality. That is purely a question of military expediency.
SIR DAVID MAXWELL-FYFE: You see, I think you will appreciate that the point that I am putting to you is this: That you were pretending to neutrals that you were acting in accordance with the London Treaty, whereas you were actually acting not in accordance with the Treaty, but in accordance with instructions you laid down for yourself, based on military necessity.
What I am suggesting to you is that what the Naval High Command was doing was pretending to, and getting the advantage fraudulently of appearing to, comply with the Treaty. And that, I suggest, is the purpose of these orders that you would only do this where mines could be laid. Isn’t that what was in your mind?
DÖNITZ: It is not true that we tried to fool the neutrals. We warned the neutrals explicitly that combat actions were going on in these operational areas and that if they entered they would suffer damage. We pretended nothing; we told them explicitly: “Do not enter these zones.” England did the same.
THE PRESIDENT: Sir David, doesn’t the next sentence bear upon that?
SIR DAVID MAXWELL-FYFE: Yes, Your Lordship; I am very much obliged to Your Lordship.