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Ukraine Considers Fate of Captured North Korean Soldiers Amid Human Rights Concerns

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New reports confirm that North Korean troops have been captured as prisoners of war (POWs) in Ukraine, providing what President Volodymyr Zelensky calls “irrefutable evidence” of North Korea’s involvement in Russia’s war against Ukraine. According to South Korea’s National Intelligence Service, North Korea has deployed approximately 12,000 soldiers in Russia’s Kursk Oblast, with at least 300 killed and 2,700 wounded. Among them, two North Korean soldiers have been taken as POWs by Ukrainian forces.

President Zelensky has proposed a potential exchange of the captured North Korean soldiers for Ukrainian POWs held by Russia. However, he also left open the possibility of allowing them to remain in Ukraine if they choose to do so. In an interview shared by the Ukrainian government, one of the captured soldiers expressed a desire to return to North Korea, while the other said he would prefer to stay in Ukraine but would comply if repatriation was necessary.

Under the Third Geneva Convention, POWs are typically repatriated to their home countries, but human rights organizations have raised concerns about the potential return of these North Korean soldiers. Experts warn that if they are sent back, they could face severe punishment, including imprisonment, torture, or even execution, for failing to follow military orders. Reports indicate that North Korean authorities instructed their troops to commit suicide rather than be captured, and those who return alive may be labeled as traitors.

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Ukraine has assured that it is cooperating with the United Nations, the International Committee of the Red Cross (ICRC), and other organizations to ensure the POWs’ humane treatment and protection from public humiliation or violence. However, human rights groups argue that sending them back to North Korea would violate the principle of non-refoulement under international law, which prohibits the forced return of individuals to countries where they may face persecution.

The South Korean government has yet to take an official position on the matter. A government spokesperson stated that the return of North Korean POWs “requires a review of international law and consultation with other related countries.” Legally, under South Korea’s constitution, all North Korean citizens are considered South Korean nationals, meaning the captured soldiers could claim the right to seek asylum in South Korea.

However, the situation is complicated by the fact that neither North Korea nor Russia has officially acknowledged the deployment of North Korean troops to the battlefield. There are concerns that Russia might attempt to claim the POWs as its own soldiers, further complicating their status.

The concept of “voluntary repatriation” has historical roots, particularly in the Korean War. At the war’s end, many communist POWs refused to return to North Korea or China, fearing persecution. In response, U.S. President Harry Truman upheld the principle of voluntary repatriation, arguing that forced returns violated fundamental moral and humanitarian values.

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Given the dangers these North Korean POWs could face if returned home, international observers are urging Ukraine and other involved parties to respect their free will and ensure their protection. As diplomatic negotiations continue, the fate of these captured soldiers remains uncertain, but the decision could have far-reaching implications for human rights and international law.