- Crimes Against Humanity: 46% have at least one crimes against humanity as a crime under national law and 40% of all states provide for universal jurisdiction over such crimes.
- Genocide: 60% of states have genocide on the books.
- Torture: 49% have included torture as a separate crime under national law, and 44% allow for universal jurisdiction.
- Other crimes that might be subject to universal jurisdition (piracy, trafficking, and terrorism, e.g.) are not surveyed.
2. 75% of states have provided for universal jurisdiction over one or more of these crimes.
The study notes that there are many ways that states can incorporate universal jurisdiction into their domestic systems. These include:
- Defining the crime within domestic law and then referring to treaty obligations to prosecute (or extradite).
- Defining the crime within domestic law and then allowing for the assertion of jurisdiction over crimes contained within multilateral penal treaties that the state has joined, regardless of treaty obligations to prosecute.
- Allowing for the assertion of jurisdiction over crimes contained within treaties, but not specifically defining the crime within domestic law.
- Allowing for universal jurisdiction over ordinary crimes (usually serious crimes such as murder or rape).
- Treating treaties as automatically part of domestic law (so-called monist states), but charging and sentencing individuals in accordance with analogous domestic crimes.
Nonetheless, the study notes that there are a number of obstacles to the effective use of the law that is on the books. These include:
1. The failure to define international crimes as domestic crimes