The Protection of North Korean Soldiers in Russo–Ukrainian War under International Law

In the situation of the deployment of North Korean troops to the Russo–Ukrainian War and the subsequent capture of North Korean soldiers by Ukrainian forces, this research raises important questions about the future of North Korean soldiers, particularly those who have expressed a desire to seek asylum. The study explores the implications of international humanitarian law, concluding that North Korean soldiers qualify as lawful combatants and, if captured, would be classified as prisoners of war (POWs). In addition, the research argues that forcibly repatriating these POWs to North Korea would contravene the principle of non-refoulement, as such an action would expose them to potential human rights violations upon return. As a result, this research emphasizes the importance of respecting the free will of North Korean POWs and asserts their eligibility for refugee status, unless they fall within the exclusion clauses of the 1951 Refugee Convention. With North Korea’s formal acknowledgment of its troops’ deployment to the conflict, the issue of North Korean POW repatriation is entering a new phase. The research calls for the international community to prioritize human rights over political considerations when addressing the fate of North Korean POWs, advocating for policies that respect their free will and right to asylum.