In August 2025, the US military commissions at Guantanamo Bay will convene yet another pre-trial hearing in the case of United States v. Khalid Sheikh Mohammed, et al., marking the 50th such session since proceedings began nearly two decades ago. Despite the passage of time, the trial of the alleged 9/11 masterminds remains mired in delays, legal complexities, and mounting costs.
The High Cost of Justice
Each pre-trial hearing at Guantanamo Bay incurs significant expenses. Flights for attorneys, witnesses, and observers are reported to cost around $90,000 each way, due to the logistical challenges and security requirements of travelling to the remote base. With 49 hearings already conducted, the cumulative cost of transportation alone is substantial.
Beyond the hearings, the annual cost of operating the Guantanamo Bay detention facility exceeds $660 million, translating to over $44 million per detainee. Though official figures are covered under the umbrella of confidentiality and hard to reach, these figures have been estimated based on the official figures collected from the data released in 2019, and adjusted for inflation. These figures underscore the financial burden of maintaining the facility, especially as the number of detainees has dwindled over the years. From the peak of housing over 600 detainees during the hot years of the war on terror, the facility houses only 15 inmates now, including the alleged masterminds of the 9/11 attacks.
Not surprisingly, the cost of detaining individuals at Guantanamo Bay far exceeds that of other US prisons. For comparison, the annual cost per inmate at the US supermax prison ADX Florence is approximately $78,000. The exorbitant expenses associated with Guantanamo Bay have raised questions about the facility’s sustainability and efficiency.
Understandably, the Guantanamo Bay detention facility remains a symbol of complex legal, ethical, and financial challenges. As debates continue over its future, the facility’s role in U.S. national security and foreign policy remains a contentious issue.
In a controversial move, President Donald Trump announced plans to expand the facility’s capacity to detain up to 30,000 migrants deemed “the worst of the worst”. This initiative involves the construction of additional infrastructure, including tents and utilities, to accommodate the influx. The estimated cost of implementing this executive order reached $40 million in the first month alone. The American Civil Liberties Union (ACLU) filed a lawsuit against the Trump administration, citing inhumane conditions and violations of due process rights. Additionally, the Cuban government has consistently protested the US presence at Guantanamo Bay, labelling it an illegal occupation and demanding the return of the territory.
Situated approximately 400 miles from Miami, Florida, the Guantanamo Bay Naval Base spans 45 square miles on the south eastern coast of Cuba. Established in 1903, the base has been a focal point of geopolitical tension and human rights debates for decades. The Guantanamo Bay detention facility was established in 2002 to house terrorism suspects captured during the “War on Terror.” In 2009, President Barack Obama signed Executive Order 13492, mandating the closure of the facility within a year. However, political opposition and logistical challenges prevented the fulfilment of this directive.
Interestingly, the Department of Government Efficiency (DOGE) (initially led by Tesla-famous Elon Musk) has notably sidestepped addressing the exorbitant costs associated with the Guantanamo Bay detention facility, despite its mission to curtail federal spending. This omission is particularly striking given that detaining migrants at Guantanamo Bay costs approximately $100,000 per person per day, vastly exceeding the $165 daily cost at standard US immigration facilities. DOGE’s avoidance of the Guantanamo Bay issue underscores the challenges of implementing cost-cutting measures in politically and legally sensitive areas.
The Broader Cost of the War on Terror
The financial implications of the War on Terror extend far beyond Guantanamo Bay. Since 2001, the United States has spent over $8 trillion on military operations, homeland security, and related expenses. This staggering sum includes direct war costs, interest on borrowed funds, and future obligations to veterans.
The human cost is equally profound. The US military operations in Afghanistan, Iraq, and other theatres have resulted in over 7,000 American service member deaths. Civilian casualties in conflict zones are estimated to be in the hundreds of thousands, with indirect deaths due to war-related factors pushing the toll even higher.
A Trial Without End
As the 50th pre-trial hearing for the alleged 9/11 conspirators approaches at Guantanamo Bay, the proceedings continue to be mired in complexities, delays, and controversies. Despite over two decades since the attacks, the path to justice remains fraught with challenges.
The pre-trial hearings have established certain elements, such as the involvement of Khalid Sheikh Mohammed and his co-defendants in planning the attacks. Evidence includes statements made by the accused, phone records, and other materials. However, the admissibility of much of this evidence is contested due to allegations of torture during CIA custody. The military commissions have struggled to reconcile national security concerns with the defendants’ rights to a fair trial.
The proceedings have been further complicated by logistical issues, including the remote location of Guantanamo Bay, which necessitates extensive travel for legal teams and witnesses. The COVID-19 pandemic also caused significant delays, halting many in-person activities and exacerbating existing challenges.
The use of “enhanced interrogation techniques” on the defendants has had profound implications for the trial. Defense attorneys argue that any statements made under duress are inadmissible, while the prosecution faces the dilemma of relying on potentially tainted evidence. This has led to protracted legal battles over what can be presented in court, further delaying the trial’s commencement.
The Broader Context of the War on Terror
Despite an immense investment in maintaining one of the costliest prisons in the world and one of the devastating as well as pricey wars on terror, the protracted legal proceedings at Guantanamo Bay raise questions about the efficacy of these efforts in delivering justice and closure. The deaths of key figures like Osama bin Laden without trial have also contributed to a sense of unresolved accountability. For many, the continued detention of suspects without a definitive legal resolution undermines the principles of justice and due process.
Looking Ahead
As the pre-trial hearings continue, the prospect of a full trial remains uncertain. The complexities of the case, combined with the legal and logistical challenges, suggest that a resolution may still be years away. This ongoing situation underscores the difficulties inherent in addressing acts of terrorism within the framework of the rule of law.
As the United States continues to grapple with the legacy of 9/11 and the War on Terror, questions persist about the efficacy and morality of its strategies. The financial and human costs are undeniable, and the prolonged detention and trial of suspects at Guantanamo Bay serve as a stark reminder of the challenges inherent in addressing terrorism within the bounds of justice and the rule of law.
With the 50th pre-trial hearing on the horizon, the nation faces a critical juncture: continue down a path marked by indefinite detention and exorbitant costs, or seek alternative approaches that uphold both security and the principles of justice.
