A response from the Legal Support Department of the Ukrainian Ministry of Defense revealing that North Korean prisoners of war are considered subject to the prohibition on forced repatriation / Provided by Emergency Response Committee for Free Repatriation of North Korean Soldiers

A civilian human rights organization has proposed that Ukraine should modify the status of captured North Korean soldiers from prisoners of war.

On Tuesday, the North Korean Military Freedom Return Emergency Committee (hereafter referred to as the Committee) released a response from the Legal Support Office of Ukraine's Ministry of Defense. The Committee stated that it must move beyond the conventional prisoner of war (POW) framework and integrate these individuals into a protective system under international responsibility.

The Committee emphasized that Ukraine's Defense Ministry already acknowledges these North Korean soldiers as POWs and recognizes them as individuals entitled to protection under the principle of non-refoulement. They added that in terms of the detaining country's recognition of protected status, it has already entered the initial phase of a protective roadmap.

However, the Committee noted that these individuals still retain their legal POW status, which inherently implies a legal structure subject to inter-state negotiations. They assessed that during ceasefire talks or prisoner exchanges, state political and military interests might supersede individual wishes.

The Committee further argued that the current protective status is insufficient, calling for a transition from military custody to international protection.

The Committee proposed specific measures, including: transferring detainees from military facilities to civilian protective centers; direct intervention by international bodies such as the United Nations (UN) Refugee Agency (UNHCR), UN Human Rights Office (OHCHR), and International Committee of the Red Cross (ICRC); and initiating procedures to grant refugee or international protection status.

The Committee concluded that this transition would reclassify North Korean prisoners as individuals protected under international law rather than subjects of inter-state negotiations. This approach represents the most effective method to structurally prevent the risk of forced repatriation.

A civilian human rights organization has proposed that Ukraine should modify the status of …

Why Ukraine Must Reclassify North Korean POWs: A Call for International Protection