He will not be protected by the treaty, and the United States refuses to recognize soldiers who cross the border to North Korea as prisoners of war
According to Reuters on the 4th, four US officials revealed that the United States still refuses to recognize Travis King, a US soldier who was detained after crossing the border into North Korea last month, as a prisoner of war.
The report suggests that this decision may mean that Kim is unable to receive the protection of prisoners of war under the Geneva Conventions. Given that the United States has promised not to allow any American soldiers to stay in enemy territory, this decision is highly sensitive for the US military.
Screenshot of the report
The soldier involved is Private Travis King, 23 years old, who joined the army in January 2021. His unit is the First Armored Division. During the "group tour" on July 18th, he crossed the border into North Korea through the joint security zone of Panmunjom on the Korean border. He was previously detained in South Korea for 50 days on charges of assault, and was just released on July 10th, waiting to return to the United States for disciplinary action.
According to American media, this is the first American soldier to cross the border to North Korea in over 40 years. The New York Times reported that this incident shocked the world.
Travis King was wearing a black shirt and a black hat before crossing the border. How to define the identity of Travis King is an unresolved issue for the US military.
As an active US soldier, Travis King may be eligible to become a prisoner of war. Because the Korean War ended in a ceasefire rather than a peace treaty, the United States and North Korea are actually still in a state of war.
But American officials said that Kim's voluntary entry into North Korea wearing casual clothes seemed to have deprived him of the qualification to obtain prisoner of war status.
"He was not arrested during the operation," said Jeffrey Cohen, a military law expert at the Texas Tech School of Law. "If this happened in the United States, we might classify him as a foreigner crossing the border without a visa."
Rachel Van Landingham, a law professor at the Law School of Southwest University in Los Angeles and former Air Force prosecutor, said that Kim would benefit if he were listed as a prisoner of war. "The Geneva Conventions provide a clearer and more structured framework that specifically explains how North Korea should treat him. Even if Kim requests, North Korea needs to give him cigarettes in the prescribed amount every day."
However, it is currently unclear how labeling Jin as a prisoner of war will affect him personally. The Pentagon spokesperson declined to comment on Travis King's prisoner of war status, but stated that the primary task is to bring him home and that this goal is being achieved through all available channels. The spokesperson emphasized, "According to international law, Kim must be treated with humanity."
Travis King data chart. According to a report by CBS, after Travis King entered North Korea, the Pentagon requested information from North Korea through the United Nations Command in South Korea. On July 24th, Andrew Harrison, Deputy Commander of the United Nations Command, stated that the command has begun dialogue with North Korea regarding the relevant events.
In July 1950, without the presence of Soviet representatives, the United States distorted the nature of the Korean Civil War and manipulated the United Nations Security Council to establish the so-called "United Nations Command" through a resolution, which essentially became the US military headquarters stationed in South Korea.
As of now, the North Korean authorities have not publicly responded to this incident.
