In which detention schemes do the 172 remaining Guantanamo Bay detainees fit?

After President Obama signed his Executive Order on Periodic Review, I didn’t find immediately a handy breakdown of the number of detainees which fitted into the new detention schemes introduced by this order. These numbers are derived from a public presentation of the US Department of State I recently attended:

  • 59 detainees are currently approved for transfer (including 27 Yemeni’s)
  • 30 Yemeni detainees currently fit into the ‘conditional detention’ scheme. These detainees are eligible for transfer if one of the following conditions is satisfied: (1) the security situation improves in Yemen; (2) an appropriate rehabilitation program becomes available; or (3) an appropriate third-country resettlement option becomes available
  • 36 detainees will be prosecuted in either article III (civilian) courts or the military commissions. At least 6out of 36 are currently scheduled to be tried at the Military Commissions, including Khalid Sheikh Mohammed, Walid Bin Attash, Ramzi Bin Al-Shibh, Ali Abdul Aziz Ali, Mustafa Al-Hawsaw and Abd al-Rahim al-Nashiri.
  • 47 detainees currently fit into the ‘continued law of war detention’ scheme. This essentialy is what usually is referred to in the press as the ‘indefinite detention scheme’. According to the executive order these are detentions which are authorized by Congress under the AUMF “as informed by the laws of war”.

Since Obama entered the White House 67 detainees were transferred to 24 different countries.