How many detainees currently remain at Guantánamo and what are their legal statuses?
Executive summary
Fifteen men were reported to remain in U.S. custody at Guantánamo as of early January 2025, and public reporting divides their legal statuses into three groups: a small number formally cleared for transfer or awaiting transfer, a larger group charged or convicted under military commissions, and a handful held indefinitely under law-of-war detention without charges or recommended release [1] [2] [3]. There is, however, significant disagreement among advocacy groups, older government-era figures, and nonprofit trackers about both the exact headcount and the appropriate label for many detainees, reflecting different cut-off dates, differing definitions of “held” and “charged,” and institutional agendas [4] [5] [6].
1. Current headcount: where the recent consensus lands
Multiple contemporary compilations and reporting put the population at 15 detainees in custody at Guantánamo as of early January 2025 — a figure shown in a Wikipedia list updated January 6, 2025 and repeated in recent legal-policy roundups noting the population at its lowest point since 2002 [1] [3] [7]. Independent monitors such as Close Guantánamo and NGOs tracking releases documented a wave of transfers in late 2024 and early 2025 that produced that reduced roster [8].
2. How those 15 break down legally — three categories
Reporting that summarizes official and interagency reviews describes the remaining population as falling into three legal buckets: three detainees formally cleared for transfer or awaiting transfer; nine who have been charged by, or convicted in, military commissions; and three held in indefinite law‑of‑war detention who have neither been charged nor recommended for release [2] [3]. LegalClarity and other policy summaries outline that the Periodic Review Board (PRB) and interagency processes determine transfer eligibility for those not facing charges, while military commissions govern those facing or convicted of war crimes [3] [7].
3. The charged/convicted group: military commissions and stalled processes
Nine of the remaining detainees are reported as either facing military‑commission charges or as having been convicted by those commissions, which means their legal path is prosecution under a separate system from federal criminal courts — a system that has been repeatedly criticized and whose cases have been delayed, overturned, or negotiated over two decades [2] [3]. The military‑commission framework, and its uneven track record, is central to why prosecutions can leave detainees in custody for years even when trials move slowly or plea deals are struck [3].
4. The “indefinite detention” group: law‑of‑war status without charges
Three detainees remain classified under law‑of‑war detention without facing tribunal charges and without PRB recommendations for release — a category that human‑rights groups characterize as indefinite and arbitrary detention because it lacks a clear criminal charge and relies on wartime detention authority tied to the AUMF [2] [7]. Organizations monitoring Guantánamo have repeatedly highlighted this group as emblematic of the broader legal limbo created by two decades of policy choices [9] [10].
5. Disputes and alternative counts — why some sources show higher numbers
Several major advocacy groups and older official documents give different figures: the ACLU reported 41 men remaining in mid‑2025 and Human Rights First listed about 40 as of 2022, while congressional-era hearings and older government summaries have historically used still different totals such as 80 — discrepancies that reflect differing update dates, whether transferred-but-notofficially‑removed cases are counted, and organizational focus and advocacy goals [4] [5] [6] [11]. These variations matter: some groups emphasize broader claims of ongoing indefinite detention, while trackers focused on transfer logistics report the smaller, current onsite population [8] [3].
6. Reporting limits and what remains unclear
Public sources used here — NGO trackers, news outlets, and open databases — converge on “15” for early 2025 and provide the three-part legal breakdown, but reporting cannot independently verify day‑to‑day transfers, Secrecy or classification by the Department of Defense means some administrative changes may lag in public records; therefore, any single snapshot may be superseded by subsequent transfers, releases, or legal actions not yet publicly documented [1] [2] [3].