“A: ‘The question is not clear. Therefore I make no reply thereto.’
“19. Q: ‘On the basis of what Japanese tactics was reprisal considered justified?’
“A: ‘The unrestricted submarine and air warfare ordered by the Chief of Naval Operations on 7 December 1941 was justified by the Japanese attacks on that date on U.S. bases and on both armed and unarmed ships and nationals without warning or declaration of war.’
“The above record of testimony has been examined by me on this date and is in all respects accurate and true.”—signed—“Chester W. Nimitz, Fleet Admiral, U.S. Navy.”
This document bears the number Dönitz-100.
As my next document I submit an expert opinion given by the former naval judge, Jäckel, on the jurisdiction of the naval courts for the protection of the native population against encroachments by marines. This document has been admitted by the Tribunal and is available in translation and therefore I do not need to read it.
THE PRESIDENT: Will you give us the number?
FLOTTENRICHTER KRANZBÜHLER: Dönitz-49, Mr. President.
Then, Mr. President, some weeks back I made application to admit extracts from the records of a war crimes court at Oslo. These had been used by the Prosecution on the occasion of the cross-examination of Grossadmiral Dönitz. At that time they were not numbered. From these records I selected some extracts which prove that torpedo boat Number 345, whose crew were shot by reason of the Commando Order, was a boat which was charged with sabotage acts. Due to this fact the High Command of the Navy and also Admiral Dönitz were not informed about the treatment meted out to these prisoners, and this question was settled directly by means of discussions between Gauleiter Terboven and the Führer’s headquarters. I ask that the High Tribunal admit this document as evidence, since this document was used by the Prosecution. It would receive the Number Dönitz-107.
COLONEL H. J. PHILLIMORE (Junior Counsel for the United Kingdom): My Lord, I do not know if the Tribunal has before it the answer which the Prosecution have put into this application.