That, incidentally, is the point of view which, I believe, was adopted by the Prosecution, for Sir Hartley Shawcross also, dealt with the question of Greece and the question of landings entirely under the aspect of Greek events and did not contend that Britain could occupy Greece because Germany had occupied Poland. He said, just as I did, that from the legal standpoint of international law Britain could occupy Greece because Greece was threatened by a German occupation. That is what I am saying from the point of view of international law with reference to Norway; as my further remarks will show, I am not trying to draw any other parallels.
PRESIDENT: Yes. There is one other question which I should like to ask you. Is it your contention that Germany was entitled under international law to use the territorial waters of Norway, either for her warships or for the transport of ore, or for the transport of prisoners of war?
DR. SIEMERS: In my opinion, from the standpoint of international law, the situation is that Germany was entitled to use the coastal waters, observing at the same time the various international rules, such as for instance, only brief stays in ports and similar rulings like the obligation to submit to investigation by neutrals in the case of the Altmark. But basically, carrying on shipping operations from Narvik was justified according to international law as far as I know.
PRESIDENT: Continue.
DR. SIEMERS: Mr. President, with reference to the last point, may I add one thing? Should the view be adopted that Germany was not allowed to use these coastal waters, then the mining of these coastal waters would have been a justified breach of neutrality on Britain’s part, so that, as far as I am concerned, the mining operation as grounds for this would have to be left out of my plea, though not the other facts I am citing. Mining the waters is in equivalent proportion to the use of the coastal waters. I myself consider that the mining operation was not permissible, while passage through coastal waters was; but this does not affect the entire subject of the occupation of Norway. I hope I shall be understood as not meaning that Germany was justified in occupying Norway because Britain had mined the coastal waters.
PRESIDENT: But you are saying, are you, that Germany was entitled to use the coastal waters, first of all, for the transport of ore; secondly, for her warships?
DR. SIEMERS: Yes.
PRESIDENT: And thirdly, for the transport of prisoners of war?
DR. SIEMERS: Yes. It is my opinion, Mr. President, that as to ore shipments there is no prohibitive clause in international law, so that this shipping was permissible.
With reference to prisoners of war, may I point out that only one case arose and that is the case of the Altmark. If Germany was not deemed authorized to use coastal waters for the transport of prisoners of war, then that could at most lead to Britain’s adopting an equivalent single countermeasure; but she would not be justified in mining the entire coastal waters. The mining of the entire coast, from the point of view of international law, is only justified if you adopt the point of view that Germany’s merchant shipping was prohibited from entering those coastal waters by international law. But that, in my opinion, is not the situation.