over by his order to the SD and shot. Dönitz
said that if they were captured by the Navy their execution was a
violation of the Commando Order that the execution was not announced
in the Wehrmacht communique, and that he was never informed of the
incident. He pointed out that the Admiral in question was not in his
chain of command, but was subordinate to the Army general in command
of the Norway occupation. But Dönitz permitted the order to
remain in full force when he became Commander-in-Chief, and to that
extent he is responsible.
Dönitz, in a conference of 11 December 1944,
said "12,000 concentration camp prisoners will be employed in
the shipyards as additional labor". At this time Dönitz had
no jurisdiction over shipyard construction, and claims that this was
merely a suggestion at the meeting that the responsible officials do
something about the production of ships, that he took no steps to get
these workers since it was not a matter for his jurisdiction and that
he does not know whether they ever were procured. He admits he knew
of concentration camps. A man in his position must necessarily have
known that citizens of occupied countries in large numbers were
confined in the concentration camps.
In 1945 Hitler requested the opinion of Jodl and
Dönitz whether the Geneva Convention should be denounced. The
notes of the meeting between the two military leaders on 20 February
1945 show that Dönitz expressed his view that the disadvantages
of such an action outweighed the advantages. The summary of
Dönitz' attitude shown in the notes taken by an officer,
included the following .sentence "It would be better to carry
out the measures considered necessary without warning, and at all
costs to save face with the outer world."
The Prosecution insisted that "the measures" referred
to meant the Convention should not be denounced, but should be broken
at will. The Defense explanation is that Hitler wanted to break the
Convention for two reasons: to take away from German troops the
protection of the Convention, thus preventing them from continuing to
surrender in large groups to the British and Americans, and also to
permit reprisals against Allied prisoners of war because of Allied
bombing raids. Dönitz claims that what he meant by
"measures" were disciplinary measures against German troops
to prevent them from surrendering, and that his words had no
reference to measures against the Allies; moreover that this was
merely a suggestion, and that in any event no such measures were ever
taken, either against Allies or Germans. The Tribunal, however, does
not believe this explanation. The Geneva Convention was not, however,
denounced by Germany. The Defense has introduced several affidavits
to prove that British naval prisoners of war in camps under