Assembly/AU/11 (XIII) Annex II Page 25   concern allegedly committed in Africa and to this end have addressed requests for extradition to certain EU Member States. It pays to recall too that the inability of the courts of the requested states to satisfy themselves that certain fundamental human rights guarantees would be respected on the surrender of the suspects to the requesting states explains the lack of success of these requests to date. EU Member States clearly take the view that the effective implementation of international legal standards relating to conditions of detention and fair trial is a prerequisite to the accession to such requests in the future, especially given these states’ legal obligations in respect of extradition under the European Convention on Human Rights. V. RECOMMENDATIONS 46. According to the terms of reference, the experts were to make recommendations with a view to fostering better mutual understanding between the AU and EU regarding universal jurisdiction. The following recommendations are addressed to the governments of AU and EU Member States and to the AU and EU institutions, organs and bodies, as appropriate. R1. All states should strive to put an end to impunity for genocide, crimes against humanity, war crimes and torture, and prosecute those responsible for such crimes. States are also legally bound to prosecute treaty crimes, whenever they are parties to such treaties.172 R2. Article 4(h) of the Constitutive Act of the African Union lays down the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity. Article 4(h) amounts to a statement that impunity for these crimes is unacceptable to AU Member States. In order to complement Article 4(h), African States should be encouraged to adopt national legislative and other measures aimed at preventing and punishing war crimes, genocide and crimes against humanity. To this end, the AU Commission should consider preparing model legislation for the implementation of measures of prevention and punishment. R3. To the same end, in accordance with the AU Assembly’s Decision 213(XII) of 4 February 2009, the AU Commission, in consultation with the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, should examine the implications of the Court being empowered to try international crimes such as genocide, crimes against humanity and war crimes.173                                                              172 See above, section I.1. Decision on the Implementation of the Assembly Decision on the Abuse of the Principle of Universal Jurisdiction, Decision Assembly/AU/Dec. 213(XII), 4 February 2009. 173 Version 31 March 09(FINAL)