The order was as follows: The Kriegsmarine started World War II with Prize Rules which complied with Article 22 of the First London Naval Treaty.
"[2][3][4] In general, Article 22 stated that merchant vessels which did not demonstrate "persistent refusal to stop" or "active resistance" could not be sunk without the ship's crew and passengers being first delivered to a "place of safety."
Mistaking the Athenia for an "armed merchantman," no opportunity was provided to the ship's crew or passengers to be first delivered to a "place of safety."
However, in the weeks that followed, as was laid out in the transcript of Dönitz's Nuremberg Trial,[5] both the British and the Germans issued orders to their respective fleets which quickly made any initial compliance with Article 22 less and less possible.
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.