BREAKING BAD OR BREAKING BARRIERS?

DEATH PENALTY AND AMERICAN EXCEPTIONALISM IN THE HUMAN RIGHTS ERA

Abstract

The article primarily aims to explore the dynamics of the death penalty in the United States, particularly in the context of the apparent conflict between the jurisprudence of the U.S. Supreme Court and international law. It specifically seeks to investigate how American exceptionalism influences and is reflected in the Supreme Court's death penalty decisions, illustrating how this exceptionalism manifests through national jurisprudence that often conflicts with international norms. A critical analysis of the intersection between the U.S. Supreme Court jurisprudence and international law is undertaken, with a focus on the death penalty and American exceptionalism. Through the examination of significant cases, such as Breard v. Greene and Medellín v. Texas, this work exposes the essence of American sovereignty in a global context. It highlights the tension between the unique character of American law and international pressure to adhere to universal norms and values. Furthermore, the article offers reflections on the uncertain future of international law and the contentious issue of the death penalty in the U.S., making a plea for the humanization of the law.