An analysis has suggested that North Korean soldiers captured by Ukrainian forces should be resettled in South Korea as the best course of action.
The Guardian reported on Wednesday that repatriating North Korean soldiers to their homeland could jeopardize their human rights. Given the information that North Korean soldiers who are captured face potential punishment or even execution if they return home, and that their families may be subject to reprisals, it is crucial to consider their safety and well-being.
Ukraine has proposed a potential exchange of North Korean soldiers for Ukrainian prisoners held by Russia. However, Shin Hee-seok, a legal analyst at the Transitional Justice Working Group (TJWG), argued that sending North Korean soldiers back to North Korea would be a violation of human rights, as they would likely face severe punishment as traitors. "It contradicts Ukraine's claim to be fighting Russia for democracy and freedom," Shin said. "The international community should persuade Ukraine not to repatriate the North Korean soldiers."
The Guardian noted that it remains uncertain whether the North Korean soldiers would actually choose to go to South Korea. Unlike North Korean defectors who have carefully planned their escape to South Korea, these soldiers may have never considered going to South Korea, which would be considered "enemy territory." However, the Guardian concluded that given the potential threat to their lives in North Korea, South Korea might be the best option.
Ukrainian President Volodymyr Zelenskyy previously stated on X that he would only be willing to hand over North Korean soldiers to Kim Jong-un if North Korea agrees to exchange them for Ukrainian prisoners of war held by Russia. Typically, individuals captured during combat between hostile nations are considered prisoners of war. However, if North Korea and Russia continue to deny the deployment of North Korean troops, these soldiers may not be granted prisoner-of-war status under international law. Even if they are granted such status, they could be considered exceptions to the repatriation obligation if they face threats of persecution and punishment upon return. As a result, there is a possibility that the North Korean soldiers could remain in Ukraine or be resettled in a third country based on their own wishes.
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