Introduction
Prisoner exchange is as old as warfare itself. Along with ransom, it was one of the few hopes for prisoners of war until the advent of modern international law. By the beginning of the 17th century, prisoner exchange had become a recognized institute of rules and customs of war, with European states agreeing on exchange arrangements (so-called “cartels”) whenever they fought. The prime motive behind the exchange was the need to get one’s own trained soldiers back as soon as possible, but also to minimize the cost of keeping enemy prisoners. Only full-fledged “civilized” nations could form a cartel; native tribes and rebels were not seen as subjects of law. It is therefore not surprising that the British did their utmost to avoid entering a general cartel during the Revolutionary War (1775–83), for by doing so they would recognize the legitimacy of the nascent United States and their Continental Army. Approximately ninety years later, the Federal government in Washington faced the same problem and kept refusing an all-encompassing cartel with the Southern “rebels” for over a year after the beginning of hostilities in April of 1861. The deal was eventually reached in July of 1862 and would be in place until May of 1863. Although the official text read that the Union representatives signed the agreement with the people who had been “commissioned by the authorities they respectively represent,” the signing was a ...