Moral suffering and protection of prisoners of war: the Central Tracing Agency from the Franco-Prussian war to the present

Reframing Humanitarianism: From Physical to Moral Suffering

International humanitarian law (IHL) traditionally emphasizes physical protection and aid during conflict. However, moral suffering—marked by fear, uncertainty, and emotional distress—is often overlooked despite its profound impact. The Central Tracing Agency (CTA), established by the International Committee of the Red Cross (ICRC), addresses this need by reconnecting families separated by war and offering vital emotional closure. Its roots trace back to Henry Dunant’s experience at the Battle of Solferino in 1859, where he witnessed not only physical suffering but also the anguish of families left in the dark. Dunant’s gesture of delivering a dying soldier’s letter to his family exemplified the early humanitarian recognition of moral pain, a principle that became central to the ICRC’s mission and the foundation of the CTA.

Research Methodology and Legal Foundations

The research presented here seeks to understand the current function of the CTA by examining its historical development, its structural evolution, and the changing legal landscape in which it operates. The study is built on three key pillars: a comprehensive chronological analysis of tracing agencies from their inception in the late 19th century, a detailed examination of the structural and operational changes in these agencies, and an exploration of the legal frameworks, particularly international humanitarian law, that have facilitated their evolution. The focus of the research is not solely on the historical events but also on the legal underpinnings that allowed these agencies to thrive, despite their initial lack of formal legal recognition.

The research was conducted using primary sources from the ICRC Archives in Geneva, where a wealth of historical documents, such as correspondence, reports, and prisoner lists, was made available. These sources provided invaluable insight into the operational and organizational challenges faced by early tracing agencies. Additionally, historical texts on the evolution of humanitarian practices and legal analyses of IHL provided further context to understand the changing nature of the ICRC and its agencies’ roles in conflict zones. Legal documents such as the Geneva Conventions and their Additional Protocols were scrutinized, revealing the slow but steady advancement of legal protections for those impacted by war, including prisoners of war (POWs) and civilians. Secondary resources, including books, academic articles, and online research, also supplemented the primary materials and added depth to the analysis.

The legal foundation of the CTA was shaped significantly by ICRC’s growing role in international humanitarian law. While early tracing agencies operated on the basis of informal and non-binding agreements, the CTA’s work was gradually legitimized through international conventions. The Geneva Conventions of 1929 and 1949, particularly Articles related to the treatment of POWs, civilians, and the recognition of central information agencies, paved the way for the CTA's formal establishment and its recognition under IHL. This research thus not only focuses on the evolution of the CTA but also on the growing recognition of the ICRC as a central player in international humanitarian efforts.

Historical Evolution of the Agency until WWII

The first tracing agencies emerged in the context of major European conflicts, beginning with the Basle Agency during the Franco-Prussian War (1870–71). This Agency was created in response to the chaotic communication system between combatants and their families, which left many families uncertain about the fate of their loved ones. Although it was a limited operation, heavily dependent on the ICRC’s resources, the Basle Agency laid the groundwork for the more formalized systems that would follow. Its inefficiency, in many ways, highlighted the urgent need for a more centralized and systematic approach to tracing individuals affected by conflict. 

The Belgrade Agency, established during the Balkan Wars (1912–13), expanded on the Basle model by introducing innovations such as the card index system. This method of cataloging information about prisoners and casualties proved essential for organizing the vast amounts of data generated during conflicts.The most significant advancement during this period was the expansion of the mandate to include not just soldiers but also prisoners of war (POWs), a population that had previously been ignored by tracing efforts. The Belgrade Agency’s adoption of a more structured approach was revolutionary in its time and served as a precursor to more sophisticated systems implemented during World War I. 

The subsequent creation of the International Prisoners of War Agency in 1914 marked a turning point in both the scale and scope of tracing activities. Unlike its predecessors, the POW Agency introduced the division of labor, creating specialized departments to address different aspects of the tracing process, including civilian casualties and the growing number of POWs. While still operating without formal legal status, the agency’s work underscored the necessity of a centralized information hub in a neutral country, capable of coordinating between conflicting parties.

World War I was a defining period for the ICRC and its tracing services. The legal and structural innovations introduced during this time were critical to the CTA’s later development. In particular, the activities of the Prisoners of War Agency in World War I highlighted the need for a legal framework to support the agency’s work. The subsequent adoption of the 1929 Geneva Convention, particularly Article 79, was a major milestone. This Article not only recognized the need for a centralized tracing agency but also formalized the ICRC’s role in establishing and maintaining such an agency. Despite the lack of binding legal obligations, the ICRC’s work in organizing and facilitating communications between prisoners of war, their families, and neutral countries became an essential function recognized by states and international legal bodies.

The research then continues with an analysis of the interwar period, highlighting the enduring presence of a tracing service for individual cases, which continued to operate even in the absence of a formally established agency. This period is crucial for understanding the ICRC’s evolving approach, particularly in how it responded to internal conflicts — situations that, from a legal standpoint, differ substantially from those of an international nature. A significant example from this era is the ICRC’s intervention during the Spanish Civil War (1936–1939). In this context, the ICRC created an ad hoc department tasked with supporting victims of the conflict. Referred to as the “Spanish Section,” this unit carried out the core functions of the former International Prisoners of War Agency, marking a continuation of tracing work despite the absence of a fully institutionalized structure. Most importantly, this case represented the first precedent for Red Cross intervention in a non-international armed conflict — albeit a complex one. The Spanish Civil War cannot be classified as a purely internal conflict due to the substantial foreign involvement on both sides, which lent the ICRC a degree of justification under its traditional mandate.

During these same years, the legal basis for tracing activities continued to evolve in a paralegal space — shaped not by binding law, but by humanitarian necessity and custom. The legal framework of the time remained primarily focused on prisoners of war. In contrast, the protection of civilians remained legally vague. The Tokyo Draft, developed in the late 1930s but never adopted before the outbreak of World War II, was the first major attempt to provide international legal protection for civilian populations in conflict. While never ratified, it served as an important reference point for the ICRC during the Second World War, providing a legal and moral basis to advocate for fair treatment of civilians. Despite the existence of some bilateral and multilateral agreements between 1921 and 1939 that facilitated the Agency’s work with civilian victims, a comprehensive legal framework remained elusive. It was only in 1949, with the adoption of the Fourth Geneva Convention, that the work of the tracing agency in regard to civilians was explicitly recognized and legally codified. The interwar period, therefore, stands out as a transitional phase — one in which the ICRC continued to carry out tracing operations in an environment of legal ambiguity, while also laying the groundwork for its post-war institutional and legal consolidation.

The Central Prisoners of War Agency (1939–1945) and the Post-War Transition

The next phase of this research focuses on the Central Prisoners of War Agency, established during World War II (1939–1945). This agency marked both a continuation and an evolution of the earlier International Prisoners of War Agency. While the fundamental aims remained consistent — to restore communication between families and provide information on missing persons — the nature of the conflict, developments in international humanitarian law, and, crucially, the introduction of new technologies significantly altered the agency’s organization and operations.

A detailed analysis of the agency's structure is made possible through a 1948 report published by the ICRC on its wartime activities. Key structural innovations included the integration of new technologies such as microfilm, photocopying, and telegrams, which greatly enhanced the speed and efficiency of correspondence. Moreover, the agency introduced an internal division of labor through the creation of highly specialized sections, including 26 national sections and a dedicated Palestine Immigration Section. The latter was established to handle cases involving Jewish families in Germany and occupied territories, particularly those whose nationality had been stripped by German authorities.

Following the end of World War II, the transition into a peacetime tracing effort was managed through the creation of the Central Tracing Bureau in 1946, which was later renamed the International Tracing Service (ITS). In 1955, responsibility for this service was officially transferred to the ICRC through the Bonn Agreement. The ITS was organized into five document sections, indexed by an international card system. Among its holdings are significant historical materials, such as documents related to the Germanization of children — a wartime policy aimed at assimilating children into the so-called “pure German race.” These records remain critical for historical accountability, tracing, and family reunification work.

Modern International Humanitarian Law and the Central Tracing Agency Today

The final part of the research examines the modern legal and operational framework of the Central Tracing Agency within the evolving landscape of international humanitarian law (IHL). Central to this legal development are the Four Geneva Conventions of 1949 and their Additional Protocols, which collectively provide comprehensive protection for prisoners of war, wounded soldiers, and civilians. Unlike earlier conventions, these instruments account for both international and non-international armed conflicts.

While the ICRC is not legally obligated to form tracing agencies under these conventions, it is empowered to offer its services, which states may choose to accept or decline. Legally, the conventions recommend the creation of ad hoc agencies for each new conflict. However, in practice, the Central Prisoners of War Agency established during WWII never formally ceased operations. Its ongoing necessity led to the institutionalization of a permanent tracing department within the ICRC, which was officially renamed the Central Tracing Agency (CTA) in 1960. Today, the CTA assumes the responsibilities originally envisioned for temporary, conflict-specific agencies.

The contemporary structure and goals of the CTA are further elaborated in documents such as the Restoring Family Links Strategy 2020–2025 and its 2024 progress report. These outline the CTA’s core activities: reuniting families separated by conflict or disaster, searching for missing persons, dignifying the deceased, and addressing the long-term needs of families affected by separation and loss. 

A recent and poignant example of the CTA’s ongoing relevance is its response to the international armed conflict between the Russian Federation and Ukraine, which began in 2022. In this context, the ICRC established a new tracing bureau, symbolizing both the adaptability and the enduring importance of the CTA’s mission in the face of modern warfare.

Conclusion

Today, the global need for such institutions is more urgent than ever. An estimated one in seven people worldwide have been exposed to conflict, with over 50 countries currently experiencing extreme or high levels of violence. In the past year alone, there has been a 15% increase in political violence incidents. While this research cannot claim to be exhaustive, it underscores the vital role of the Central Tracing Agency in responding to humanitarian crises across generations.

As conflict and displacement continue to escalate, recognizing, supporting, and effectively utilizing institutions like the CTA is not just a matter of humanitarian ethics but of legal and global responsibility. States must collaborate to ensure compliance with international humanitarian law, facilitate access to tracing services, and contribute to the ongoing development of mechanisms that protect the most vulnerable in times of war.