DR. SIEMERS: Yes. I did not intend to read them, Your Honor. I just want to quote a point or two from them.
These articles enumerate the conditions under which either partner to the agreement could deviate from it. From the start, therefore, it was considered permissible under certain conditions to deviate from the agreement, if, for instance, (Article 24) one of the partners became involved in war, or (Article 25) if another power, such as the United States or France or Japan, were to build or purchase a vessel larger than those provided for in the agreement. In this article express reference is made to Article 4—that is, to battleships of 35,000 tons—in the case of deviation, the only obligation was to notify one’s partner. Article 26 states a very general basis for deviation from the agreement—namely, in cases where the security of the nation demands it such deviation is held to be justified. No further details are necessary at this point.
SIR DAVID MAXWELL-FYFE (Deputy Chief Prosecutor for the United Kingdom): My Lord, the deviation is subject to notification of the other party under Subarticle 2. It was just relevant in Article 26—any deviation is subject to notification to the other party of the deviation to be embarked on.
THE PRESIDENT: Is it, Dr. Siemers?
DR. SIEMERS: Yes, of course. I believe...
THE PRESIDENT: Do the Prosecution say that this agreement was broken?
DR. SIEMERS: Yes. With reference to the remarks just made by Sir David, I would like to say that I pointed out that such deviation was permitted under these conditions, but that there was an obligation to notify the other partners. Perhaps that did not come through before.
[Turning to the defendant.] Was this agreement concluded, Admiral, in 1937, from the same point of view which you have already stated? Are there any other noteworthy facts which led to the agreement?
RAEDER: In 1936, as well as I remember, the treaties so far made by England with other powers expired, and England was therefore eager to renew these treaties in the course of 1936. The fact that we were invited in 1937 to join in a new agreement by all powers meant that Germany would henceforth be completely included in these treaties.
DR. SIEMERS: The Prosecution have accused you of violating this German-English Naval Agreement, and this charge is based on Document C-23, Exhibit USA-49, in the British Delegation’s Document Book 10, Page 3. This document is dated 18 February 1938. It has been mentioned repeatedly in these proceedings and begins as follows, “The actual displacement of the battleships Scharnhorst, Gneisenau and F/G is in both cases 20 percent greater than the displacement stated to the British.” Then we find a list which shows that the displacement of the Scharnhorst was given as 26,000 tons but was actually 31,300 tons, and that the draught stated one meter less than was actually the case. And the “F” class, that is, the Bismarck and Tirpitz, were listed as 35,000 tons but had an actual displacement of 41,700 and a difference of 80 centimeters in draught. Therefore, according to what we have seen, there is an evident infringement of the treaty. Grossadmiral, I am assuming that you do not dispute this violation of the treaty?