Human Conflict Project

All events · The Long Emergencies

Extraterritorial Detention at Guantanamo Bay

2002–ongoing · Americas

Confinement Ongoing
Confined
780
779-780 men from 48 countries have been held since January 2002; the population peaked at more than 680 in May 2003 and had fallen to 15 by January 2025, of whom nine were charged or convicted before military commissions, three were approved for transfer and three were held in "law of war" detention without charge
Killed
9
deaths in transit or in camps

As of 2025-08. The 780 figure is cumulative since 2002; fifteen men remained in detention as of August 2025 after eleven Yemenis were transferred to Oman in January 2025, and the number changes with each transfer.

Open on the interactive map →

What happened

From January 2002 the United States transferred men captured in Afghanistan, Pakistan and elsewhere to a detention facility at its naval base in Guantanamo Bay, chosen in part because the government argued that its location outside United States sovereign territory placed detainees beyond the reach of the federal courts. The administration classified them as unlawful enemy combatants rather than prisoners of war and asserted that they could be held under the law of war until the end of hostilities without criminal charge; a small number were prosecuted before military commissions, and the case against those accused of the September 11 attacks has not reached trial after more than a decade of pre-trial litigation. The Supreme Court progressively rejected the jurisdictional argument, holding in Rasul v. Bush (2004) that federal habeas statutes reached the base, in Hamdan v. Rumsfeld (2006) that the original commissions were unlawful, and in Boumediene v. Bush (2008) that detainees have a constitutional right to habeas corpus and that the Military Commissions Act's suspension of it was invalid. Most detainees were released or transferred without charge to third countries; by January 2025 fifteen remained, several of them held for more than twenty years, including men cleared for transfer years earlier who could not be resettled. UN special procedures and human rights organisations have found the detention arbitrary, criticised the conditions of confinement and the effects of earlier torture in CIA custody, and called for closure, while successive United States administrations have differed on closure but maintained that law-of-war detention is lawful.

Parties

The United States holding foreign nationals captured in counter-terrorism operations at a naval base on leased Cuban territory, outside the ordinary reach of United States immigration and criminal courts

Disputed

At issue are whether indefinite detention without criminal charge is lawful under the law of armed conflict in a conflict with no defined end, as the United States asserts, or arbitrary detention prohibited by the ICCPR, as UN special procedures and human rights bodies have found; whether the ICCPR applies extraterritorially at the base, which the United States has long disputed; and whether the military commission system provides a fair trial.

The denominator

About 780 men have been held at Guantanamo since January 2002. They were captured across Afghanistan, Pakistan and many other states, often by bounty, and belonged to no bounded community or territory, so any denominator - a national population, a religious group - would be arbitrary and misleading. The meaningful figures are the cumulative total held and the number remaining.

Where the baseline comes from

On the death toll

US Department of Defense records nine detainee deaths at Guantanamo since 2002, six of them classified as suicides; there is no dispute about the magnitude, only about causes — Seton Hall Law's Center for Policy and Research and reporting in Harper's Magazine have challenged the official finding that the three men who died on 10 June 2006 killed themselves, a challenge the Pentagon rejects.

Documented forms of violence

Arbitrary DetentionTorture

The International Committee of the Red Cross (2004 assessment reported in the press) described an intentional system of cruel and degrading treatment amounting to torture, and the UN Special Rapporteur on counter-terrorism concluded in 2023 that indefinite detention without trial and continuing cruel, inhuman and degrading treatment persist.

Formal findings

Countries touched, on present-day borders

Cuba

Sources

This entry rests only on reference, press or open-edited sources. Treat its figures as indicative and follow the links before relying on them.
← EarlierCôte d'Ivoire's Division and Post-Election Crisis Later →2003 Iraq War and Sectarian Displacement