Ukraine has handed over to South Korea two North Korean servicemen captured while fighting on the side of Russia against Ukraine. They are now in South Korea, where they are awaiting interrogations, security checks and an assessment of whether they will receive protection and will begin the resettlement procedure.
Reuters reported that South Korean authorities are expected to first establish the identities of the two, the reasons for leaving North Korea and possible security risks. South Korea's Unification Ministry said the case would be reviewed in accordance with current law and established practice.
This likely means applying the law on the protection and assistance for the resettlement of North Korean refugees. Under this procedure, the National Intelligence Service conducts a review, and temporary protection can last up to 90 days. The term can be extended in compelling circumstances.
What information can they provide
The military experience of the two captives could lead to more detailed interrogations about the training of North Korean troops, their potential, and their participation in Russia's war against Ukraine.
South Korean opposition lawmaker Yoo Yeon-won, who met with them in Ukraine in February 2025, said that the two served in North Korean special forces. According to him, the prolonged isolation and uncertainty during their detention probably affected their mental state. Their physical health is also expected to be assessed.
Status and legal basis unclear
The main legal question is whether Ukraine had the right to hand over the servicemen to a third country and whether this automatically terminates their status as prisoners of war. South Korea and Ukraine have not published the legal basis for the operation, Reuters reports.
The Third Geneva Convention stipulates that prisoners of war must be released and repatriated without delay after the end of active hostilities. The International Committee of the Red Cross specifies that until their final release and repatriation, they retain their protection under the convention. However, the document does not rule out early release or resettlement in a neutral country under certain conditions.
“There is ample evidence under humanitarian and human rights law that these prisoners of war should be transferred to a third country of their choice if that country is willing to accept them“, said Peter Ward, a research fellow at the “Sejong“ Institute.“.
Korea University professor Lee Shin-wha warned that the case could lead to legal and diplomatic disputes. The reason is the different treatment of North Korea in international law and the position of South Korea, which considers North Koreans as its own citizens.
Return to North Korea
Returning the two to North Korea would be unacceptable if there is a real risk of torture, persecution or other serious human rights violations. Reuters points out that both have repeatedly expressed a desire to go to South Korea, including in interviews and during their meeting with Yoo Yong-won.
After the verification is completed, South Korean authorities must decide whether to grant them protection and what their final status will be. No public timetable for completing the procedure has been announced at this time.
Sources: Reuters, UNIAN