Executive Order 13823 · 2018-02-02

Protecting America Through Lawful Detention of Terrorists

Revokes Guantanamo Closure; Directs Continued Detention and Transfers

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Signed by Donald Trump
Published 2018-02-02

What it does

Agencies must continue lawful detention at Guantanamo Bay, may transfer detainees there when necessary, and the Secretary of Defense must recommend disposition policies within 90 days.

Real-world impact

  • Allows transport of additional detainees to Guantanamo Bay when lawful.
  • Requires the Secretary of Defense to recommend policies for detainee disposition within 90 days.
  • New detainees must undergo periodic review unless charged or convicted by military commission.

Topics

detention policynational securityGuantanamo Baymilitary justice

Summary

This order cancels a prior directive to close the detention facilities at U.S. Naval Station Guantanamo Bay and directs that detention operations continue. It allows the United States to transfer additional detainees to Guantanamo when lawful and necessary and requires the Secretary of Defense to recommend, within 90 days, policies for handling captured individuals after consulting defense, foreign affairs, justice, homeland security, and intelligence officials. Detainees brought after this order must face periodic reviews to decide if continued detention is necessary unless they are charged or convicted by a military commission.

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