The original plan of dispatching the first transport to Norway on 5 April was changed; for on the evening of 5 April the British High Command informed the Commander-in-Chief of the French Navy that—I quote:
“... the first British convoy could not depart before 8 April which with respect to the time schedule established would mean that the first French contingent would leave its embarkation port on 16 April” (Document Raeder-91).
To complete the story it may be mentioned that the Norwegian operation was designated by the Allies by the camouflage name of “Stratford Plan,” while the German Norwegian operation was referred to by the camouflage name of “Weser Exercise” (Weserübung) (Document Raeder-98).
All these facts go to show that, since the autumn of 1939, preparations for possible action in Norway were made by studying landing possibilities, et cetera. As from January and February 1940 the danger of an occupation of bases in Norway by the Allies was imminent. In March 1940 the execution of the scheme was ultimately decided upon and the departure of the first convoy was scheduled for 5 April. Simultaneously, mine-laying was carried out in the Norwegian territorial waters and troops were at the same time concentrated in British and French ports for the Norwegian operation. Thus factual evidence of imminent neutrality violations existed from the point of view of international law; and neutrality violations had indeed been already committed to a certain extent, as by mine-laying. This was the point where Germany, in accordance with the international concept of the right of self-defense, was entitled to resort to equivalent countermeasures, that is, to occupy Norway in order to prevent the impending occupation by other belligerent states. It was, in fact, as was shown later, high time; for Germany forestalled the Allies only because the British High Command had postponed the departure of the first convoy, originally scheduled for 5 April. The German operation in Norway must therefore be considered as legitimate according to the principles of international law.
I have the firm conviction that the High Tribunal, in view of the circumstances just presented in connection with existing international law, will conclude that Admiral Raeder, with regard to the occupation of Norway, acted from purely strategic points of view and in due consideration of international legal standards, and accordingly will acquit him of the charge made by the Prosecution.
With reference to Norway, the Prosecution has moreover charged against Raeder—and also against Dönitz—that a violation of international law is involved in the fact that, according to an order dated 30 March 1940, the Naval Forces were to fly the British ensign until the troops had been landed (Documents C-151, Exhibit GB-91; C-115, Exhibit GB-90).
This too is an error of the Prosecution as regards international law in sea warfare. The Hague Regulations on Land Warfare do expressly forbid the misuse of flags. In sea warfare, on the other hand, the answer to this question according to prevailing international law is definitely that, until hostilities begin, ships may sail with their own or with enemy or neutral flags or with no flags at all. I take the liberty, in this respect, of availing myself of Dr. Mosler’s juridical treatment of the question in his opinion (Document Raeder-66), appearing under Item 7, and in particular of his references to legal literature on the subject, according to which the use of a foreign flag is universally considered as a legitimate ruse of war and is allowed and especially condoned by British practice; this is in accordance with the historical precedent when Nelson, in the Napoleonic wars, flew the French flag off Barcelona to lure Spanish ships. This dispute is, however, superfluous in the present case, because actually these orders to fly the British flag were according to documentary evidence canceled on 8 April, that is to say, prior to the execution of the Norway operation (Document Raeder-89).
In conclusion I wish to emphasize, with reference to the subject of Norway, that after the occupation of Norway Raeder and the German Navy did everything they could to give a friendly character to the relations with Norway, to treat the country and the people decently during the occupation, and to spare them every unnecessary burden. Raeder and the commanding admiral in Norway, Admiral Böhm, moreover endeavored to conclude a peace with Norway guaranteeing Norwegian national interests. Their efforts were frustrated through the creation by Hitler and Himmler of a so-called civil administration under Reich Commissioner Terboven which, unlike the Armed Forces, was linked with the Party, the SS, SD, and Gestapo (Documents Number Raeder-107 and 129). As confirmed by Böhm in his affidavit, Raeder repeatedly intervened with Hitler in favor of treating the Norwegian people well and for an early conclusion of peace and, together with Böhm, proceeded with the utmost vigor against Terboven. Here again, the tragic fact is that the Armed Forces, despite its utmost efforts, was neither able to oppose Hitler’s dictatorial methods nor the dictatorial methods employed, with Hitler’s knowledge, by such a mediocre Reich Commissioner as Terboven. The Norwegian people who had to suffer under the occupation know—and this is the only gratification for Raeder—that the Navy was not the cause of these sufferings. On the other hand, it is interesting to know that the differences which cropped up between Hitler and Raeder with reference to Norway are precisely among the chief motives which ultimately caused Raeder to insist upon his resignation in September 1942. Other motives were that Raeder also had differences with Hitler over France, because here again Raeder urged the conclusion of peace, while Hitler, with his extreme nature, was opposed to conciliatory steps of that kind in occupied territories. Raeder also had differences with Hitler regarding Russia, because he was in favor of observing the German-Russian treaty, and declared himself opposed to breaking the Treaty and going to war with Russia.
THE PRESIDENT: We will adjourn now.