SIR DAVID MAXWELL-FYFE: Yes, that is what I put to you.
Now, just look at Page 33 of the English document book. That contains your own Standing Order Number 154 (Exhibit Number GB-196). Let me read it to you, rather slowly, if the Tribunal does not mind. It says:
“Do not pick up survivors and take them with you; do not worry about the merchant ship’s boats; weather conditions and distance from land play no part. Have a care only for your own ship and strive only to attain your next success as soon as possible. We must be harsh in this war.”
First of all, tell me, what do you mean by “your next success”? Doesn’t that mean the next attack on a vessel?
DÖNITZ: Yes.
SIR DAVID MAXWELL-FYFE: Now, just look at that order of yours and compare it with the words of the London Treaty. The Treaty, you remember, says that a warship, including a submarine, may not sink or render incapable of navigation a merchant vessel without first having placed passengers, crew, and ship’s papers in a place of safety. For this purpose, the ship’s boats are not regarded as a place of safety unless the safety of the passengers and crew is assured in the existing sea and weather conditions, by the proximity of land or the presence of another vessel.
Defendant, you had that article of the London Treaty in front of you, had you not, when you were drafting this order? And you were deliberately excluding from your order the matters mentioned in the London Treaty? Listen to your order: “Do not worry about the boats; weather conditions”—one thing mentioned in the Treaty—“and distance from land”—another thing mentioned in the Treaty—“play no part.”
Your order could have been put in other language almost as clearly: “Disregard all the matters that are stated in Paragraph 2 of the London Treaty.”
Now tell me, didn’t you have the London Treaty in front of you when you drew that order?
DÖNITZ: Of course I had the London Treaty in my mind and in front of me. I stated in detail yesterday, however, that we were thinking in terms of an engagement, a ship under escort, as is shown by the order as a whole. You have taken just one paragraph. There was, therefore, no question of applying the London Agreement, which does not refer to ships under escort.