- Third, to avoid complications with ongoing litigation in US courts.
Without question, the single greatest reason to limit access to detainees is to provide for their personal safety, as well as that of the guards and other military personnel who interact with them on a daily basis. It is not unique to Guantanamo that every interaction a detainee has with an individual from outside the camp affects not only that detainee, but all those who live in the same camp with him. The arrival of individuals from outside the camp changes the mood, the demeanor, and the overall temperament of a camp, in turn affecting the security dynamics within the camp.
Second, our international law principles warrant that we limit access to detainees in our custody and control. The Third and Fourth Geneva Conventions contemplate that nation states shield detainees from the public eye and protect them from "public curiosity." The facilities at Guantanamo provide safe and secure living conditions, and the Department of Defense has determined that we simply will not permit such a deliberate departure from the principles of the Geneva Conventions. Finally, as the Committee is well aware, almost every detainee at Guantanamo is involved in some sort of litigation. Allowing broad access to detainees would potentially complicate and prolong these litigation proceedings, by raising questions about the presence of detainee counsel at interviews and the possibility of calling members of Congressional delegations as witnesses in the litigation.
I do not wish to leave the Committee the impression, however, that detainees are left alone and without contact. To the contrary, the Department of Defense recognizes the unique and primary role of the International Committee of the Red Cross (ICRC) to have unfettered access to detainees under our control and custody at Guantanamo, as well as in our theater detention facilities in Iraq and Afghanistan. Under the Geneva Conventions, nation states are required to give officials from the ICRC access to detainees. Accordingly, the United States grants the ICRC full access to all detainees interned at Department of Defense theater detention facilities. The ICRC conducts regular interviews with detainees to ensure proper treatment and to facilitate communication with their families. Our relationship with the ICRC is a productive one, and we greatly value their observations, insights, and recommendations. Senior Department officials meet regularly with the ICRC to discuss our detention operations and policies, and to address their concerns in a constructive and confidential dialogue at all levels of the chain-of-command.
Our commitment to the ICRC to keep our dialogue with them confidential requires that we handle all communication between our government and the ICRC as classified, but to ensure effective Congressional oversight—as well as access to ICRC observations and recommendations—the Department provides regular briefings to Congress on at least a quarterly basis. During these briefings, the Department shares the entire collection of correspondence exchanged between our organizations to provide insight into the full breadth and scope of the Department's relationship and communications with the ICRC. In this way we are able to
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