Two North Korean soldiers have found themselves at the center of an international diplomatic conundrum after being captured by Ukrainian forces. In a conflict where North Korea has not officially acknowledged its involvement, their capture has raised questions about their fate and the broader implications for international relations. The soldiers' identities have been broadcast worldwide, raising concerns about their safety and the potential repercussions for their families if they are repatriated to North Korea. The international community, therefore, is calling on Ukraine to ensure that these soldiers are not returned against their will.
The soldiers are part of an estimated 11,000 North Korean troops reportedly deployed to Ukraine. South Korea, which considers North Korean citizens as its own under its constitution due to its view of North Korea as an illegitimate regime, is actively involved in discussions regarding the soldiers' futures. Captured and interrogated in their hospital beds, the soldiers could provide crucial intelligence on North Korea's role in the war. One soldier revealed that he was unaware of any intent to fight in Ukraine, believing it was merely a training exercise.
The situation is further complicated by South Korea's legal obligations to protect and accept defectors from the North, including soldiers. The South Korean government is exploring the possibility of the soldiers defecting and has engaged in consultations with Russia and Ukraine to determine their fate. The capture also sheds light on the broader deployment of North Korean forces, which has reportedly expanded to Russia's Kursk region, with casualties exceeding 3,000 among the North Korean troops.
"Notably, memos found on deceased soldiers indicate that the North Korean authorities pressured them to commit suicide or self-detonate before capture," Lee stated.
"Unclear if North Korea will even claim the two captured soldiers as their own, given Moscow and Pyongyang’s refusal to officially admit that North Korean forces have been deployed to Russia," remarked Ethan Hee-Seok Shin.
The fate of these soldiers not only hinges on international law but also requires extensive diplomatic consultations. Volodymyr Zelenskyy, President of Ukraine, has suggested that options may exist for those unwilling to return to North Korea.
"For those North Korean soldiers who do not wish to return, there may be other options available," said Zelenskyy.
"In particular, those who express a desire to bring peace closer by spreading the truth about this war in Korean will be given that opportunity," he added.
The international community emphasizes the importance of respecting the soldiers' wishes. Returning them against their will could result in severe punishment by the North Korean regime, which would contradict Ukraine's commitment to freedom and democracy.
"Repatriating the North Korean soldiers against their own free will, despite the well-known risk of their punishment as ‘traitors’ by a totalitarian dictatorship, goes against the humanitarian principle as well as Ukraine’s claim of fighting in defence of freedom and democracy," Ethan Hee-Seok Shin expressed.
South Korea’s constitutional stance further complicates the issue as it views all Koreans north of the demilitarized zone as citizens of South Korea.
"The territory of the Republic of Korea shall consist of the Korean peninsula and its adjacent islands," states South Korea's constitution.
"According to our constitutional values, North Korean soldiers are included as our citizens," reaffirmed Lee.
As consultations continue, South Korea’s National Intelligence Service (NIS) has made it clear that the soldiers' wishes are paramount.
"The wishes of the captured North Korean soldiers are most important. Should they wish to defect, [the NIS] will actively consult with Russia and Ukraine," commented Lee.