MAJOR JONES: Just a moment. These were marines in uniform. Your own report in the SKL War Diary says so.
SCHULTE-MÖNTING: I have to comment on that order which was issued earlier. The preamble of that order said that, since there was knowledge of orders to the Allied soldiers or—I do not remember the exact wording any more—since these soldiers were given orders not to bother taking German prisoners but rather to shoot them while carrying out their work in the so-called Commando raids, the following directives had to be issued.
At that time I discussed this matter with Raeder, of course, and I can merely state my personal opinion. I felt that I could believe this preamble because I am of the opinion that if I resorted to, let us say, sabotage behind the lines then of course I could not be bothered with taking prisoners, because then the element of surprise would be excluded. If, therefore, a troop of three to five men, a so-called Commando undertaking, is sent behind the lines in order to destroy enemy installations, then of course they cannot burden themselves with prisoners without running the risk of being killed themselves or of being recognized before they can carry out their undertaking. Therefore I considered this preamble quite credible and I expressly said so at that time.
MAJOR JONES: And you think that that shooting of those two marines was therefore perfectly justified? That is your position on this matter, is it not? Just say “yes” or “no” on that; I will not argue with you.
SCHULTE-MÖNTING: I have not asserted that in any way. Rather I said, here is a fact of which we were informed only by the Armed Forces communiqué, and that Raeder and the High Command had not been heard on this point. That is what I stated.
MAJOR JONES: Now, the final matter I wanted to ask you about, you have indicated that in your opinion Germany fought a clean war at sea. I want you to look at the new Document D-873 which will be GB-481, which is the log book of U-boat U-71, under the date line 21 June 1941, when the Defendant Raeder was Commander-in-Chief of the German Navy. You see the entry reads:
“Sighted lifeboat of the Norwegian motor tanker John P. Pederson drifting under sail. Three survivors were lying exhausted under a tarpaulin and only showed themselves as the U-boat was moving away again. They stated that their ship had been torpedoed 28 days before. I turned down their request to be taken aboard, provisioned the boat with food and water and gave them the course and distance to the Icelandic coast. Boat and crew were in a state that, in view of the prevailing weather, offered hardly any prospects of rescue.”—Signed: “Flachsenberg.”
Is that your conception of a clean war at sea?
SCHULTE-MÖNTING: I observe that the commanding officer did what he could, in view of the weather which he described when he said that in view of the bad weather he could not rescue them. He threw provisions to them in a sack and gave them the course to the coast. I do not know what there is about that that is inhumane. If he had left without giving them food and the course, then you might make that accusation.
MAJOR JONES: But he could have taken them aboard, you know. These were three men who did...