Republic of Korea
Practice Relating to Rule 128. Release and Return of Persons Deprived of Their Liberty
Upon ratification of the 1977 Additional Protocol I, the Republic of Korea made a declaration in relation to paragraph 4(b) of Article 85 stating:
A party detaining prisoners of war may not repatriate its prisoners [against] their openly and freely expressed will, which shall not be regarded as unjustifiable delay in the repatriation of prisoners of war constituting a grave breach of this Protocol.
Upon accession to the 1949 Geneva Conventions, the Republic of Korea stated: “The Republic of Korea interprets the provisions of Article 118 [of the 1949 Geneva Convention III], paragraph 1, as not binding upon a Power detaining prisoners of war to forcibly repatriate its prisoners against their openly and freely expressed will.”