‘North Korean Soldiers Choose Suicide Over Surrender’: Can They Escape to South Korea?

Following reports of North Korean troops deployed to Russia, human rights groups in South Korea have called for the government to provide a path to South Korea for captured North Korean soldiers who wish to defect, citing universal human rights principles.

The recent confirmation of a North Korean soldier’s capture by Ukrainian forces last week has reignited discussions about the possibility of defection to South Korea for these individuals.

During an intelligence committee hearing in October, South Korea’s National Intelligence Service (NIS) expressed support for accepting North Korean military defectors, stating it was “a natural obligation under international and domestic law.” This stance is rooted in the South Korean constitution, which considers North Korean residents as citizens, implying a duty to protect them if they become prisoners of war.

Experts generally agree that the fate of captured North Korean soldiers seeking to defect to South Korea hinges on decisions made by the Ukrainian government and Russia’s response.

Ukraine’s Role and International Law Implications

Initially, Ukraine appeared reluctant to allow North Korean POWs to travel to South Korea.

In a recent interview with local media, Ukrainian President Volodymyr Zelenskyy stated that Ukraine treats prisoners of war from all nationalities equally and is prepared to exchange North Korean soldiers for Ukrainian prisoners. This suggests that Ukraine is not inclined to allow direct defection to South Korea.

Under the Geneva Conventions, if Russia acknowledged captured North Korean soldiers as part of its military, they would be granted POW status and become subject to repatriation to Russia. The handling of North Korean POWs in post-war negotiations could introduce additional complexities regarding their potential journey to South Korea.

The South Korean government appears open to facilitating the return of North Korean POWs to South Korea.

The Ministry of Foreign Affairs has indicated that the potential defection of North Korean soldiers to South Korea would be handled according to international law, suggesting a willingness to assist. The NIS also expressed a positive stance, stating that they would “closely monitor the situation.”

Initially, the government considered proactive measures, such as sending an observation team to Ukraine to monitor North Korean military activities or participating in POW interrogations. However, the current political climate surrounding the impeachment has led to a more cautious approach.

Some argue that international organizations should actively intervene to ensure North Korean soldiers can travel to South Korea if they wish to defect.

Humanitarian Considerations and International Advocacy

North Korean experts suggest that if a North Korean soldier expresses a desire to defect to South Korea rather than return to North Korea or Russia, it could potentially fall under an exception to repatriation obligations as outlined in the International Committee of the Red Cross (ICRC) commentary on the Geneva Conventions, revised in 2020. The ICRC interprets that POWs facing substantial threats to their rights from their home country may be exempt from repatriation.

The ICRC is an independent humanitarian organization that protects and supports armed conflict victims based on the Geneva Conventions. South Korea is a Donor Support Group (DSG) member, which allows it to provide input on ICRC policy activities.

Another factor to consider is that if both Russia and North Korea deny the captured soldier belongs to their military, he could be classified as an “illegal combatant” or “non-privileged belligerent,” losing POW protections. In this scenario, Ukraine could prosecute him under criminal law. For South Korea to facilitate its defection, negotiations with Ukraine regarding the application of extradition treaties would be necessary.

Casualties and Combat Ethics: Reports from the Front Lines

As North Korean troops engage in combat alongside Russian forces, casualty rates have surged. Reports suggest some North Korean soldiers have chosen suicide over capture.

The White House reported last Friday that North Korean forces fighting alongside Russian troops in Kursk suffered over 1,000 casualties in the past week.

John Kirby, National Security Council Coordinator for Strategic Communications, stated during an online briefing that the North Korean troops are currently conducting “massed, dismounted assaults” against Ukrainian positions in Kursk.

Kirby added that these tactics have proven “ineffective” and have resulted in “heavy North Korean casualties.”

He elaborated that they estimate over 1,000 North Korean soldiers were killed or wounded in specific engagements last week. Kirby emphasized that it’s clear the Russian and North Korean leadership view these troops as expendable, ordering futile attacks against Ukrainian defenses. He noted that North Korean soldiers appear heavily indoctrinated, continuing their assaults despite apparent failures.

Kirby noted that reports indicate North Korean troops are so thoroughly indoctrinated that some choose suicide over surrender, fearing retaliation against their families back in North Korea.

In response, Zelenskyy commented that North Korean troop losses have been substantial and added that Russia and North Korea show no regard for the survival of these soldiers, with Russian forces providing minimal protection before sending them into battle. He also alleged that executions are being carried out to prevent North Korean soldiers from surrendering.

Earlier, on December 19, the NIS reported that at least 100 North Korean soldiers deployed to the Russia-Ukraine front had been killed, with nearly 1,000 wounded.