International Law and the Death Penalty in the United States

Abstract

The United States claims to be the global leader in international human rights, but it continues to impose the death penalty and criticizes other countries for violating international human rights. The U.S. death penalty system allows racial disparities and executes the mentally ill and innocent people. The U.S. also permits ineffective assistance of counsel to the accused and tolerates infliction of suffering by physicians onto the prisoner. What this country does with respect to the death penalty affects the attitudes of other countries toward the United States as well as their willingness to respect human rights. Part One of the article describes the international laws governing the death penalty and how the U.S. is obligated to abide by these rules. Part Two explains the flaws in the application of the death penalty. Part Three proposes that the International Court of Justice enforce good faith immunity for prosecutors and provide adequate compensation for appointed counsel, so their duties can be fulfilled diligently. Also, law officials should understand the United States, as a defender of human rights law, should accept and obey customary international law to support the principles it promotes and continue to educate the public. Part Four of the article exposes the potential consequences of not abiding by the laws governing the international community.