Assembly/AU/11 (XIII) Annex II Page 10   evidence will usually be found. R10. Where those national criminal justice authorities considering exercising universal jurisdiction believe that the territorial state or the suspect’s or victims’ national state is willing and able to bring him or her to trial in accordance with international human rights standards, they should confidentially disclose the indictment (or any other instrument containing the charges), along with all the evidentiary material collected, to the criminal justice authorities of the relevant state, together with a request that these authorities investigate the alleged crimes and, where the evidence calls for this, prosecute the suspect. Where, however, those national criminal justice authorities considering exercising universal jurisdiction have serious reasons to believe that the territorial state and the suspect and victims’ national states are manifestly unwilling or unable to prosecute the suspect, and the suspect is a foreign state official exercising a representative function on behalf of his or her state, they should seek and issue a summons to appear or equivalent measure, rather than an arrest warrant, to enable the suspect to appear before the court and to produce, with the assistance of counsel, any exculpatory evidence in his or her possession. R11. Given the grave nature of serious crimes of international concern such as genocide, crimes against humanity, war crimes and torture, AU and EU Member States may wish to consider legislating to specify an appropriate level of court at which proceedings in respect of such crimes must be instituted. They might also envisage providing specialist training in the prosecution and judging of such crimes. R12. Where a state, either on its own initiative or at the request of another state, has arrested a person suspected by a foreign state of a serious crime of international concern, it should take into consideration the appeal made in 2005 by the Institut de droit international, whereby ‘Any State having custody over an alleged offender, to the extent that it relies solely on universal jurisdiction, should carefully consider and, as appropriate, grant any extradition request addressed to it by a State having a significant link, such as primarily territoriality or nationality, with the crime, the offender, or the victim, provided such State is clearly able and willing to prosecute the alleged offender’. R13. Where a state has arrested a person suspected by a foreign state of a serious crime of international concern allegedly perpetrated in the latter state, and where the former state considers that the latter state is manifestly unwilling or unable to conduct a fair trial consistent with international human rights standards and to ensure respect for the internationally-guaranteed human rights of detainees, it should, before refusing extradition and exercising universal jurisdiction, notify the requesting state through diplomatic channels of its decision and take into due consideration any Version 31 March 09(FINAL)