II.  REQUIREMENTS, LIMITATIONS AND EFFECTS OF THE CONCURRENT APPLICABILITY OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT further indicated that international humanitarian law applies from the initiation of such armed conflicts and extends beyond the cessation of hostilities until a peaceful settlement is achieved.39 In the Haradinaj case, the Trial Chamber stated that the criterion of protracted armed violence is to be interpreted as referring more to the intensity of the armed violence than to its duration. In addition, armed groups involved must have a minimum degree of organization. The Trial Chamber summarized the indicative factors that the Tribunal has relied on when assessing the two criteria. For assessing the intensity these include “the number, duration and intensity of individual confrontations; the type of weapons and other military equipment used; the number and calibre of munitions fired; the number of persons and type of forces partaking in the fighting; the number of casualties; the extent of material destruction; and the number of civilians fleeing combat zones. The involvement of the [United Nations] Security Council may also be a reflection of the intensity of a conflict.” On the degree of organization an armed group must have to make hostilities between that group and governmental forces a non-international armed conflict, the Tribunal has stated that an “armed conflict can exist only between parties that are sufficiently organized to confront each other with military means. […] [I]ndicative factors include the existence of a command structure and disciplinary rules and mechanisms within the group; the existence of a headquarters; the fact that the group controls a certain territory; the ability of the group to gain access to weapons, other military equipment, recruits and military training; its ability to plan, coordinate and carry out military operations, including troop movements and logistics; its ability to define a unified military strategy and use military tactics; and its ability to speak with one voice and negotiate and conclude agreements such as ceasefire or peace accords.”40 Similarly, ICRC proposes those two criteria of intensity of violence and organization of non-State parties as determining the lower threshold for   Prosecutor v. Duško Tadic´, para. 70.   Prosecutor v. Ramush Haradinaj et. al., case No. IT-04-84-T, Judgement of 3 April 2008, paras. 49 and 60. 39 40 37