Karl Dönitz - Nuremberg War Crimes Trials

Nuremberg War Crimes Trials

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. Dönitz was found not guilty on count (1) of the indictment, but guilty on counts (2) and (3).

Dönitz was for nearly seven decades the only head of state to be convicted by an international tribunal, until the conviction of Liberia's Charles Taylor in April 2012.

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. Dönitz scored 138, the third highest among the Nazi leaders tested.

Dönitz disputed the propriety of his trial at Nuremberg, commenting on count (2) "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?" Numerous (over 100) senior Allied officers also sent letters to Dönitz conveying their disappointment over the fairness and verdict of his trial.

At the trial Dönitz was charged with:

• Waging unrestricted submarine warfare against neutral shipping (see below).
• Permitting Hitler's Commando Order of 18 October 1942 to remain in full force when he became commander-in-chief of the Navy, and to that extent responsibility for that crime. His defence was that the Order excluded men captured in naval warfare, and that the order had not been acted upon by any men under his command.
• That knowing 12,000 involuntary foreign workers were working in the shipyards, he did nothing to stop it.
• Advice in 1945 when Hitler asked Dönitz whether the Geneva Convention should be denounced. Hitler's motives were twofold. The first was, reprisals could be taken against Western Allied prisoners of war; second, it would deter German forces from surrendering to the Western Allies (as was happening on the Eastern front where the Geneva Convention was in abeyance). Instead of arguing the conventions should never be denounced, Dönitz suggested it was not currently expedient to do so, so the court found against him on this issue; but as the Convention was not denounced by Germany, and British prisoners in camps under Dönitz's jurisdiction were treated strictly according to the Convention, the Court considered these mitigating circumstances.

Among the war-crimes charges, Dönitz 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. However, as evidence of similar conduct by the Allies was presented at his trial, and with the help of his lawyer Otto Kranzbühler, his sentence was not assessed on the grounds of this breach of international law.

On the specific war crimes charge of ordering unrestricted submarine warfare, Dönitz was found " guilty for his conduct of submarine warfare against British armed merchant ships", because they were often armed and equipped with radios which they used to notify the Admiralty of attack but the judges found, "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."

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 all vessels in the Skagerrak sunk on sight; and Admiral Chester Nimitz, wartime commander-in-chief of the U.S. Pacific Fleet, stated the U.S. Navy had waged unrestricted submarine warfare in the Pacific from the day the U.S. entered the war. Thus although Dönitz was found guilty of waging unrestricted submarine warfare against unarmed neutral shipping by ordering all ships in designated areas in international waters to be sunk without warning, no additional prison time was added to his sentence for this crime.

Dönitz was imprisoned for 10 years in Spandau Prison in what was then West Berlin.