국제법상 강제실종 관점에서 본 전시납북자 문제 해결을 위한 노력과 과제

The issue of wartime abductees is intricately linked to international humanitarian law, international human rights law, and the concept of transitional justice concerning ‘forced disappearance’. North Korea’s wartime abductions represent a serious violation of the Fourth Geneva Convention, which prohibits the forced transfer of civilians during war under international humanitarian law. If such forced disappearances are conducted in a ‘blatant’ or ‘organized’ manner, they may constitute crimes against humanity under international law. In terms of transitional justice, both judicial and non-judicial measures are required to address the issue of wartime abductees. This issue is both urgent and requires a long-term approach, considering practical aspects such as the aging of victims and their families, alongside the moral imperative to resolve the issue. This study proposes solutions across three dimensions. First, the president should consistently express a willingness to engage in dialogue through speeches on National Liberation Day and at the UN General Assembly. Second, domestically, it is crucial to keep the issue of abductees in the public consciousness while preparing for the involvement of future generations. Third, at the international level, human rights diplomacy must be strengthened to address the abductees issue, specifically by devising strategies to leverage the Universal Periodic Review (UPR) system for each country.