Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use of Military Force

This executive order establishes a Periodic Review Board (PRB) process to evaluate whether Guantánamo detainees designated for continued law of war detention still pose a significant threat to U.S. security. It mandates initial reviews within one year, subsequent full reviews every three years, and interim file reviews every six months, while explicitly preserving existing detention authority and habeas corpus rights without creating new legal grounds for release into the United States.

Federal Register Open PDF 76 FR 13277

Impact dates

Date TBD
Annual Committee review of transfer efforts sufficiency and efficacy
Date TBD
Committee review of whether continued law of war detention policy remains consistent with U.S. interests (after initial reviews complete, then every 4 years)
Date TBD
File reviews between full reviews (every 6 months)
Date TBD
Review Committee member may seek review of PRB determination
Date TBD
Subsequent full PRB reviews (triennial)
Date TBD
Written summary of PRB final determination provided to detainee when practicable
Mar 6, 2012
Initial PRB review shall commence for each detainee

Key directives

Secretary of Defense shall coordinate periodic review process and issue implementing guidelines in consultation with Attorney General
Initial review for each detainee shall commence no later than 1 year from date of order
Each detainee receives written notice and unclassified summary in understandable language
Government-provided personal representative with security clearances shall assist each detainee
Detainee may also retain private counsel at no government expense
Secretary of Defense shall compile all relevant Task Force disposition recommendation information and post-review information for PRB
All mitigating information must be provided to PRB
PRB determinations shall be by consensus, in writing, with unclassified summary provided to detainee within 30 days when practicable
Secretary of Defense shall establish PRB secretariat; DNI shall assist in preparing unclassified materials
Subsequent full reviews on triennial basis
File reviews every 6 months between full reviews
Review Committee (defined in 9(d)) shall review PRB determinations if member seeks review within 30 days or PRB cannot reach consensus

Who is ordered

Timeline

Immediate

Establishment of PRB structure and secretariat by Secretary of Defense
DNI assistance in preparing unclassified notices and summaries

Near term (90d)

Implementing guidelines to be issued by Secretary of Defense in consultation with Attorney General

Long term

Initial PRB reviews must commence no later than 1 year from signing (March 7, 2012)
Triennial full reviews ongoing
Biannual file reviews ongoing
Annual Committee reviews of transfer efforts
Quadrennial policy review of law of war detention consistency with U.S. interests

Risks & tensions

Order explicitly disclaims creating any enforceable rights, limiting detainee recourse (Sec. 10(c))
National security exceptions allow substitutes/summaries rather than underlying information for representatives and private counsel, potentially constraining meaningful advocacy (Sec. 3(a)(5))
Consensus requirement for PRB determinations may create delays or deadlock, triggering Committee review (Sec. 3(a)(7), 3(d))
Explicit prohibition on release into the United States regardless of determination outcome may conflict with international human rights obligations or judicial orders (Sec. 10(d))
Implementation 'subject to availability of necessary appropriations' creates funding uncertainty (Sec. 10(b))
Discretionary framing ('intended solely to establish, as a discretionary matter') may weaken institutional permanence of review process (Sec. 1(b))
Vague 'when practicable' qualifier for 30-day notice of determination to detainees introduces compliance flexibility