They would immediately try take legal action against the American administration through any and every international court available. Having been detained without sufficient evidence there is a case to answer, the US and their cohorts (let us not forget that several governments including ours in the UK have been shown to be complicit in rendition actions that deliberately circumvented international law) can't try ignore the issue with the "enemy combatants" and other such reasons without looking like complete hypocrites given how loud they shout when someone they care to defend is detained without what they consider to be sufficient evidence (Iran holding several naval officers for instance). Even more embarrassing: some of the people they are refusing to let go home to face/demand their own country's justice are American - they don't even want their own legal system anywhere near this.

tl;dr: Just letting them go would certainly not be cost free, financially or in terms of local and/or international reputation.

Right now they still have "enemy combatant status" and are not in a position where they can push their defence any further or be helped by their own governments and/or legal systems (if said systems would in fact help: some would, some wouldn't). If they were freed without charge then they have a case for unfair detainment (where now any such claim will be replied to with "they haven't been charged yet, that might change") and if they were charged there would be something for them to try make a case against (where now it is someone's un-evidenced word against their's, neither side having much legal standing so the people holding the keys "win").

That totally ignores my immediate 'citation needed' urges and my shock about this opinion.

I believe there is a wide variation within those imprisoned: some are innocent and were captured by mistake or worse (e.g. rivals were turned in by jealous neighbours, or whatever), others are actually hardened fanatics. And it is very difficult to know who is what.

We're "protecting them" by keeping them locked up forever without charges?

This kind of moral prevarication disgusts me. You disgust me.

As far as I understand, this is quite a real problem: no country is willing to receive most of these prisoners, except countries to which the U.S. cannot reasonably send them. Public opinion in the U.S. is hostile towards accepting them as refugees. A few have been placed to Palau, because sending them home to China would be bad and Palau is in no position to refuse such a request. Is that fair? Hardly.

In the U.S., lots of people in principle like to close Gitmo but in practice want the prisoners go to somewhere else, not settle as their own neighbours.

Sorry, I don't have good advice for what to do.

Also, this definitely isn't hacker news but I'm glad it was brought to my attention anyway.

Refugee status was invented for such people.