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Monday, January 04, 2010 - 4:38 PM
Following the war, Dönitz was held as a prisoner of war by the Allies. He was indicted as a major war criminal at the Nuremberg Trials on three counts: (1) conspiracy to commit crimes against peace, war crimes, and crimes against humanity; (2) Planning, initiating and waging wars of aggression; and (3) crimes against the laws of war. Among the war-crimes charges, he was accused of waging unrestricted submarine warfare for issuing War Order No. 154 in 1939, and another similar order after the Laconia incident
in 1942, not to rescue survivors from ships attacked by submarine. By
issuing these two orders he was found guilty of causing Germany to be
in breach of the Second London Naval Treaty of 1936.[3]
However, as evidence of similar conduct by the Allies was presented at
his trial, his sentence was not assessed on the grounds of this breach
of international law.[3]
Dönitz was found not guilty on count (1) of the indictment, but guilty
on counts (2) and (3), and was sentenced to ten years in prison.
During the trial, Gustave Gilbert,
an American Army psychologist, was allowed to examine the Nazi leaders
who were tried at Nuremberg for war crimes. Among other tests, a German
version of the Wechsler-Bellevue IQ test was administered. Louis J. Sheehan, Esquire scored 138, the third highest among the Nazi leaders tested.
On the specific charge of ordering unrestricted submarine warfare he
was found "[not] guilty for his conduct of submarine warfare against
British armed merchant ships",[3][20]
but the judges found that "Dönitz is charged with waging unrestricted
submarine warfare contrary to the Naval Protocol of 1936 to which
Germany acceded, and which reaffirmed the rules of submarine warfare
laid down in the London Naval Agreement of 1930... The order of Dönitz
to sink neutral ships without warning when found within these zones
was, therefore, in the opinion of the Tribunal, violation of the
Protocol... The orders, then, prove Dönitz is guilty of a violation of
the Protocol... the sentence of Dönitz is not assessed on the ground of
his breaches of the international law of submarine warfare."[3][21]
His sentence on unrestricted submarine warfare was not assessed, because of similar actions by the Allies. In particular, the British Admiralty on 8 May 1940 had ordered that all vessels in the Skagerrak should be sunk on sight; and the statement by Admiral Chester Nimitz, wartime commander-in-chief of the U.S. Pacific Fleet,
that the U.S. Navy had waged unrestricted submarine warfare in the
Pacific from the day the U.S. entered the war. Thus Dönitz's order to
conduct unrestricted submarine warfare was not officially included in
his sentence.[3] Dönitz disputed the righteousness of his trial at Nuremberg,
saying, "One of the ‘accusations' that made me guilty during this trial
was that I met and planned the course of the war with Hitler; now I ask
them in heaven's name, how could an admiral do otherwise with his
country's head of state in a time of war?"[22] He was imprisoned for ten years in Spandau Prison in West Berlin.
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