Document Type

Book Chapter

Publication Details

G. L.. Rose, ''Preventive detention of individuals engaged in transnational hostilities: Do we need a fourth protocol additional to the 1949 Geneva conventions?'' in W. C.. Banks(ed), New Battlefields /Old Laws: Critical Debates on Asymmetric Warfare (2011) 45-63.


Contemporary battlefield conditions present new challenges for international law, which does not yet address nonstate entities engaged in transnational paramilitary attacks. This chapter argues that renewed development of international legal norms is necessary to address transnational armed conflict with nonstate entities and it tentatively explores the generative role of national laws in developing the basis for new international law. Comparative analysis of laws in Australia, Israel, and the United States is undertaken, focusing on their legal processes for preventive detention relating to national security, in order to assess the degree of commonality emerging between them.