Los jueces nacionales como garantes de bienes jurídicos humanitarios

Abstract

There are global legal goods protecting human dignity that are embodied in concomitant norms of both international and domestic legal systems, in whose protection the international community has an interest. Domestic judges are afforded the opportunity of becoming the protectors of these legal goods and of thus representing a legal community that extends beyond the state. Besides, this interplay with several transnational legal communities, as well as the contact domestic judges can establish with the sources of international law, allows them to exert an influence over the content of global legal goods and
to perform a role that extends beyond that of mere protectors of international law and to become central actors in it. Many social, psychological and professional factors will have an impact on the role played by judges in such matters, where these factors will be conditioned by the limits placed, and the opportunities granted, by the domestic legal systems on which their authority is founded.