A/HRC/42/42 law. According to common article 3, it applies to all actors on the territory of the State affected by armed conflict, including State and non-State actors, such as individuals and corporations. International humanitarian law is recognized to be the lex specialis, prevailing over other sets of rules, including international human rights law when the two branches of law are in contradiction. A private military or security company and its personnel providing services to an extractive company in a situation of armed conflict is therefore bound by the rules set out under international humanitarian law, and should respect human rights. The status of private military and security personnel under international humanitarian law is determined according to the nature and circumstances of the functions they perform, in particular whether they participate directly in hostilities. B. Legal instruments and tools at the national and company levels 39. Extractive companies, like other business entities, are subject to national law in the country in which they operate. Nonetheless, in the majority of States studied by the Working Group, national laws and regulations governing private military and security companies (where such laws and regulations exist), contain inadequate human rights safeguards (see A/HRC/36/47). In addition, very few States have national legislation that provides for corporate criminal liability. 40. Even in the absence of such legislation, States have other means to strengthen human rights protections in the context of security arrangements in the extractive industry and to render the provision of security services to the extractive industry transparent and thereby more accountable. The following instruments provide opportunities to clarify the respective roles and responsibilities of different security actors and to regulate the activities of private security providers: (a) Concession agreements (State – extractive companies): States can determine specific conditions under which a concession to extract may be granted, including human rights standards, the delineation of security roles and responsibilities between public security forces and private security personnel, mechanisms for security actors operating at the extractive site to engage and consult with local communities, and criteria for the engagement of private military and security companies, such as only hiring those that are registered in accordance with relevant national regulations. (b) Regulation, licencing and certification of private security services (State – private military and security companies): States have the authority to define, monitor and sanction non-compliance with rules and requirements of private military and security companies, including building in adequate human rights safeguards. In addition, States may set up independent mechanisms to monitor the actions of such companies and vet their personnel operating in the extractive sector. (c) Memoranda of understanding and similar agreements (State – extractive company): Memoranda of understanding and similar agreements on security arrangements between the State and the extractive company also provide an opportunity to clearly and publicly specify the roles and responsibilities of public and private security personnel in extractive operations and the terms under which they operate, and also the human rights standards and obligations of all actors providing security services, including private military and security companies. (d) In-house security (extractive company – employee relationship): Extractive companies have control over recruitment processes, policies, regulations and training, and disciplinary procedures applicable to their own security staff. They also have the authority to make these instruments known to the public and to include human rights standards throughout (for example, by means of thorough vetting of prospective staff, specific human rights policies and training). (e) Procurement procedures and private contracts (extractive company – private military and security company): Extractive companies determine the terms and conditions of calls for tenders and contracts with private military and security companies. Transparency with regard to privately contracted security personnel could be helpful in improving relations 11