GLOBAL GOVERNANCE AND TRANSNATIONAL CRIMES IN THE AGE OF AI

Abstract

Artificial Intelligence (AI) has re-engineered the structure of global interaction, blurring boundaries between human intention and machine autonomy. This chapter explores how AI’s emergence has transformed the landscape of transnational crime and challenged the philosophical, legal, and institutional bases of culpability. It examines the shift from mens rea the guilty human mind to a new paradigm of machine rea, where autonomous or semi-autonomous systems make decisions with criminal or quasi-criminal consequences. By integrating global and Indian perspectives, the chapter analyses the adequacy of existing international frameworks, such as the UN Cybercrime Convention (2024), the EU AI Act (2024), and India’s Digital Personal Data Protection Act (2023). It argues that effective governance of AI-enabled transnational crimes demands a hybrid accountability architecture combining legal harmonisation, ethical oversight, and algorithmic transparency.