The Ukraine war, which began on February 24, 2022, has continued for more than three years as of July 2025. The international community immediately condemned Russia for carrying out an unlawful act of aggression in violation of peremptory norms of international law, and the United Nations General Assembly adopted a resolution confirming its illegality and demanding withdrawal. Amid the continuing war, reports emerged around October 2024 that North Korean troops had been dispatched to Russia. On April 28, 2025, North Korean authorities officially acknowledged the deployment. Article 4 of the DPRK-Russia “Treaty on Comprehensive Strategic Partnership” concluded in June 2024 commits both sides to “provide military and other assistance’ in response to ‘an armed invasion from an individual state or several states”. On this basis, North Korea claims legitimacy for its arms supply and troop deployment to Russia, but such bilateral agreements cannot cure the illegality of an act of aggression.

As members of North Korea’s regular armed forces, North Korean soldiers become prisoners of war under international law the moment they fall into Ukrainian hands as combatants. The Ukrainian authorities must provide them with humane treatment and protection in accordance with international humanitarian law and must release and repatriate them upon the termination of the Ukraine war. If, however, North Korean prisoners of war wish to go to South Korea or to a third country, the South Korean government should mobilize international opinion and prepare a diplomatic strategy to ensure the proper realization of the Principle of Voluntary Repatriation, which was established since the Korean War armistice.

This article is an English Summary of Asan Issue Brief (2025-25).

(우크라이나의 북한군 포로 송환 문제에 대한 국제법적 고찰과 제언’)