Artificial Intelligence and the Transformation of Human Rights: From Justification to Probability

Artificial intelligence is not merely a set of technical tools; it acts as a systemic force reshaping the architecture of human rights protection. This article argues that AI introduces a structural shift from traditional decision-making based on justification and human accountability to probabilistic, opaque, and adaptive governance. Drawing on critical theory, legal scholarship, and selected empirical examples from law enforcement, social media governance, and welfare systems, the study demonstrates how AI diffuses responsibility, constrains remedies, and redefines states’ positive obligations. The analysis situates AI as a systemic actor that challenges the foundational assumptions of international human rights law, emphasizing the cumulative and transversal nature of its impact. The article concludes by proposing a reconceptualization of responsibility, positive obligations, and remedies, highlighting the need for a theoretical framework capable of addressing the structural transformations AI introduces, and outlining directions for future research.