Renewed debate over the path forward on Guantanamo is timely. The planned withdrawal of U.S. combat troops from Afghanistan in 2014 could signal the end of the conflict that serves as the government’s legal basis for detaining individuals at Guantanamo. The United States must therefore determine a lawful disposition for each of the remaining detainees, as it has done in all prior wars.
The majority of detainees, 86 out of the remaining 166 men, have been cleared for transfer, but remain stuck at the facility because of onerous transfer restrictions imposed by Congress and an unwillingness by the administration to waive those restrictions.
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