North Korea prisoners of war in Ukraine: United Nations says they should not be sent home

Key Concepts

• North Korean Prisoners of War (POWs): Soldiers captured while fighting for Russia in the Ukraine conflict.
• Geneva Conventions: International treaties that establish the standards of international law for humanitarian treatment in war, specifically regarding the rights of POWs.
• Non-refoulement: The principle in international law that forbids a country from returning asylum seekers or refugees to a country where they would be in danger of persecution or harm.
• Geopolitical Leverage: The use of prisoners as bargaining chips in diplomatic negotiations or peace talks.

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The Plight of North Korean POWs in Ukraine

Two North Korean soldiers, captured in Russia’s Kursk region over a year ago, have released a video message addressed to the United Nations. Documented by filmmaker Kim Young-mee, the men expressed a desire to defect to South Korea. Their decision is rooted in the belief that by becoming prisoners—rather than committing self-destruction as mandated by North Korean military doctrine—they have already committed a capital offense, leading them to assume their families in North Korea have likely faced state-sanctioned punishment.

Military Deployment and Scale

The presence of these soldiers is part of a significant North Korean military commitment to Russia’s war effort. According to South Korean intelligence:

• Initial Deployment: Approximately 10,000 North Korean soldiers were sent to fight alongside Russian forces.
• Reinforcements: The initial force has been bolstered by thousands of additional troops, including specialized army engineers and construction workers.

Legal Framework and International Obligations

The status of these prisoners is governed by a complex intersection of international law:

• International Humanitarian and Human Rights Law: These frameworks mandate the humane treatment of POWs. Crucially, they include the obligation to prevent the return of individuals to territories where they face a high risk of harm (non-refoulement).
• The Geneva Conventions: Under these conventions, Ukraine is not legally obligated to release the prisoners until the cessation of active hostilities.
• UN Position: While the United Nations initially stated that the fate of the POWs was a matter for Kyiv, the organization has since shifted its stance, emphasizing that international law clearly dictates the protection of these individuals.

Diplomatic Complications and Strategic Leverage

Despite the clarity of international law, the practical resolution of the prisoners' status remains stalled due to geopolitical sensitivities:

• Kyiv’s Silence: The Ukrainian government has remained officially silent regarding the fate of the North Korean POWs.
• Strategic Utility: Analysts suggest that Ukraine may be holding the prisoners as leverage to secure further military or financial assistance from Seoul during ongoing peace talks.
• South Korea’s Stance: Under the South Korean constitution, these individuals are recognized as citizens. While Seoul has stated it is willing to accept them, it has refrained from actively demanding their release to avoid further antagonizing Pyongyang.

Conclusion

The fate of the North Korean POWs remains in a state of diplomatic limbo. While international law provides a clear mandate for their protection and humane treatment, their potential release is currently secondary to the broader strategic interests of the involved nations. As noted by Al Jazeera’s Jack Barton, the men are likely to remain in custody until the conclusion of the war, as their status is inextricably linked to the complex peace negotiations and the delicate balance of power between Kyiv, Seoul, and Pyongyang.