38 INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT the application of international humanitarian law of non-international armed conflicts:  “First, the hostilities must reach a minimum level of intensity. This may be the case, for example, when the hostilities are of a collective character or when the Government is obliged to use military force against the insurgents, instead of mere police forces;  “Second, non-governmental groups involved in the conflict must be considered as ‘parties to the conflict’, meaning that they possess organized armed forces. This means for example that these forces have to be under a certain command structure and have the capacity to sustain military operations.”41 It should be noted that the regulations in Protocol II concerning noninternational armed conflicts are narrower than those under common article 3. For example, Protocol II introduces a requirement of territorial control for non-State actors. Furthermore, while Protocol II expressly applies only to armed conflicts between State armed forces and dissident armed forces or other organized armed groups, common article 3 applies also to armed conflicts occurring only between non-State armed groups.42 Moreover, Protocol II requires a command structure for non-State armed groups, which is not expressly included in common article 3. It can be difficult to establish whether these requirements are met in a particular situation. Determining what constitutes “responsible command” is difficult as the command of an armed group might change over time. Ascertaining the exercise of control over a part of the territory is particularly complex as armed groups rarely maintain a single sustained area of operations, but may move frequently from place to place. It is   See ICRC, “How is the term “armed conflict” defined in international humanitarian law?” 42   In this context ICRC has indicated that “Protocol II ‘develops and supplements’ common article 3 ‘without modifying its existing conditions of application’. This means that this restrictive definition is relevant for the application of Protocol II only, but does not extend to the law of [non-international armed conflicts] in general.” See ICRC, “How is the term “armed conflict” defined in international humanitarian law?” 41