SIR DAVID MAXWELL-FYFE: Well, then explain these words. Explain these words:
“We should try to consider the interest of neutrals insofar as this is possible without detriment to military requirements. However, measures which are considered necessary from a military point of view, provided a decisive success can be expected from them, will have to be carried out even if they are not covered by international law.”
What did you mean by that if you didn’t mean to throw international law overboard?
RAEDER: It says “If the existing rules of land warfare cannot be applied to them.” It is generally known that international law had not yet been co-ordinated with submarine warfare, just as the use of aircraft at that time. It says:
“In principle, therefore, any means of warfare which is effective in breaking enemy resistance should be based on some legal conception, even if that entails the creation of a new code of naval warfare”—that is, a new code of naval warfare on the basis of actual developments.
Throughout the war a new code of naval warfare was developing, starting with the neutrals themselves. For instance, the Pan-American Security Conference defined a safety zone 300 miles around the American coast, thereby barring a tremendous sea area for overseas trade.
Likewise, the United States fixed a fighting zone around the British Isles which was not at all to our liking, and on 4 November 1939, the United States themselves maintained that it would be extremely dangerous for neutral ships to enter it, and they prohibited their own ships and their own citizens to enter this area.
We followed that up by asking the neutrals that they too should proceed in the same way as the United States, and then they would not be harmed. Then only those neutrals sailed to Great Britain which had contraband on board and made a lot of money out of it, or which were forced by the British through their ports of control to enter that area and nevertheless submit themselves to those dangers. Of course, they were quite free to discontinue doing that.
SIR DAVID MAXWELL-FYFE: Now tell me, what changes had taken place in the development of either airplanes or submarines from the time that Germany signed the Submarine Protocol of 1936 to the beginning of the war? You say that international law had to adapt itself to changes in weapons of war. What changes had taken place between 1936 and 1939?
RAEDER: The following changes took place: The Submarine Protocol of 1936 was signed by us because we assumed that it concerned peaceful actions...