What Are the Next Steps for North Korean Prisoners of War in Ukraine? [Yang Nakgyu's Defence Club]

President Lee and President Zelensky Hold First Summit Meeting
Agreement Reached to Respect the Free Will of Those Involved and Uphold Humanitarian Principles

The repatriation of North Korean prisoners of war, who were deployed to Russia and subsequently captured by Ukrainian forces on the battlefield, appears to be gaining momentum for defection to South Korea. This development comes after President Lee Jae-myung, currently visiting Turkey for the North Atlantic Treaty Organization (NATO) summit, reached a consensus on the matter during his first summit meeting with Ukrainian President Volodymyr Zelensky.

According to the government on July 9, the two leaders agreed that the issue of North Korean prisoners of war in Ukraine should be resolved in accordance with international law and humanitarian principles, respecting the free will of the individuals concerned. This indicates that, for prisoners who have expressed a desire to defect to South Korea rather than be repatriated to their home country, their wishes will be reflected in accordance with international law.

President Lee Jae-myung and Ukrainian President Volodymyr Zelensky are shaking hands ahead of their summit talk on the 8th (local time) at a hotel in Ankara, Turkey. Photo by Yonhap News Agency

North Korea Concealed the Presence of Deployed Troops Early in the War, Resulting in Ambiguous Status

At the start of the war, North Korea did not disclose the existence of these troops. Under international law, for them to be recognized as prisoners of war, North Korea must officially acknowledge its participation in the conflict. At that time, the South Korean government could demand their humanitarian repatriation from Ukraine on the grounds that, under international law, their status was not that of prisoners of war, but defectors. North Korea abruptly changed its stance and belatedly admitted its involvement in the war in Ukraine. As a result, the status of the North Korean captives changed to that of "prisoners of war."

Prisoners of war are subject to the Geneva Convention. Article 118 of the Geneva Convention stipulates that prisoners of war must be released and repatriated without delay after the cessation of active hostilities. Although the North Korean prisoners of war have expressed their desire to go to South Korea, legal regulations could require their return to North Korea.

No Mandatory Repatriation Clause in the Geneva Convention

However, there is no explicit provision mandating forced repatriation. Rather, the United Nations (UN) General Assembly resolution on December 3, 1952, states, "No force shall be used to prevent or compel the repatriation of prisoners of war, and they must always be treated humanely in the spirit of the Geneva Convention." The South Korean government has also set this as a condition. Since North Korean prisoners of war are, under the Constitution, citizens of the Republic of Korea, the government maintains the principle of accepting all who have clearly expressed their intention to defect.

Russia has taken a different position, reportedly accepting North Korea's stance. In March of this year, Russia and Ukraine conducted a two-day exchange of prisoners of war, returning a total of 1,000 individuals. The Russian Ministry of Defense announced that 300 Russian soldiers detained in Ukraine had returned, and 300 Ukrainian prisoners of war held by Russia were also repatriated. Following an exchange of 200 prisoners from each side the previous day, a total of 1,000 were repatriated over the course of two days.

Russia Continually Requests Repatriation of North Korean Troops

Subsequently, Russia also requested Ukraine to repatriate North Korean prisoners of war, demonstrating a more proactive stance compared to other countries involved in the conflict. Bohdan Okhrimenko, Secretary of Ukraine’s Coordination Headquarters for the Treatment of Prisoners of War, stated in an interview with Ukrinform in May (local time) that "Russia requested the exchange of two North Korean prisoners of war captured in the Kursk region on two occasions."

There are still issues to be discussed regarding the defection process for North Korean prisoners of war. The Ukrainian government must also consider the handling of prisoners from countries other than North Korea, adding complexity to the situation and necessitating sufficient persuasion of the international community. In addition, the repatriation process requires discussions not only with Ukrainian authorities but also with international organizations such as the United Nations and the International Committee of the Red Cross (ICRC). If a decision is made to transfer them to South Korea, step-by-step coordination will also be needed to ensure their safety during transit, possibly via a third country.

This content was produced with the assistance of AI translation services.