Elizabeth Salmón, the UN Special Rapporteur on North Korean Human Rights. Image from the UN Office of the High Commissioner for Human Rights website.
The UN Office of the High Commissioner for Human Rights (OHCHR) stated on the 20th that North Korean soldiers deployed to Russia and captured by Ukrainian forces should not be returned to North Korea.
Liz Throssell, the OHCHR spokesperson, told the Voice of America (VOA) that international humanitarian law (IHL) requires prisoners of war to be treated humanely and their dignity respected in all circumstances. She urged Ukrainian authorities to faithfully comply with their obligations under the principle of non-refoulement. This principle, established under the Refugee Convention (Article 33) and the Convention Against Torture (Article 3), prohibits forcibly returning or deporting individuals to a country where they face persecution, torture, or other inhumane risks.
Elizabeth Salmón, the UN Special Rapporteur on North Korean Human Rights, also told the broadcast on the same day, “My primary concern is the safety of these prisoners of war.” She emphasized that if there are credible and reasonable grounds to believe that the prisoners of war might be tortured, the detaining state must find a third country that can provide safety for the POWs.
The broadcast reported that Pat Griffiths, spokesperson for the International Committee of the Red Cross (ICRC) in Ukraine, stated that all persons deprived of their liberty must be treated humanely according to international humanitarian law, and respect for life, health, and dignity is of utmost importance.
Last month, a North Korean soldier deployed to Russia and captured by Ukraine expressed his intention to apply for refugee status and consider moving to South Korea, according to an interview reported by the Chosun Ilbo.
The South Korean government promptly responded. A foreign ministry official stated on the 19th that with respect to the North Korean POWs expressing intentions to move to South Korea, they will provide necessary protection and support according to the basic principle and relevant laws of accepting their request.
However, the Geneva Convention on the Treatment of Prisoners of War stipulates in Article 118 that “prisoners should be released and repatriated without delay after the cessation of active hostilities,” and since North Korea has not officially confirmed the deployment, it is too early to predict how his situation will be handled.