A/HRC/7/7 page 20 the current situation in Iraq is creating an economy based on privatized war and reconstruction efforts.70 It is the primary responsibility of States under international and domestic law for public security, law and order, and the Working Group emphasizes that States cannot abandon their international responsibilities to non-State actors by outsourcing certain tasks. E. Transnational issues 50. The Working Group noted that the provision of military and security services by transnational companies in conflict or post-conflict situations raises important issues regarding transparency, control of the means of violence and accountability. It poses political, legal and human rights questions to the international community. 51. In monitoring the manifestations and emerging trends of mercenaries and mercenary-related activities in different parts of the world as well as the effects of the activities of PMSCs on the enjoyment of human rights, the Working Group has identified transnational issues relating to: − The status of the international private security guards in war zones. Former military personnel and policemen from all parts of the world are recruited to provide “passive or static security” in Afghanistan and Iraq. They are trained and equipped militarily. Attacked by the insurgency, they find themselves in low-intensity conflicts without a clear front line,71 where it is impossible to distinguish between offensive and defensive operations. They are neither civilians nor combatants, would undermine the Geneva Conventions by operating in a grey area, and may be easily assimilated to mercenaries or irregular fighters;72 − Blurring the areas between non-profit humanitarian organizations and PMSCs working for pecuniary gain. Many of the PMSCs present themselves as organizations working for humanitarian and peace-building objectives when in fact there could be commercial interests in prolonged conflicts;73 70 Naomi Klein, “The failure is a new face of success”, The Guardian, 12 September 2007. 71 S. Chesterman and Ch. Lehnardt, Eds., From Mercenaries to Market: The Rise and Regulations of PMC, Oxford University Press, 2007. 72 For ICRC, a small number of PMSC employees operating in armed conflict or post-conflict situations could be considered as combatants, some as mercenaries and the majority would be civilians who would lose protection under international humanitarian law when taking direct part in hostilities. See Emmanuela-Chiara Gillard, “Business goes to war: private military/security companies and international humanitarian law”, IRRC, vol. 88, No. 863, September 2006. 73 The new low-intensity wars may last decades with no end in sight, H. Munkler, supra.