Reetuparna Dutta · August 2008
76 GEO. WASH. L. REV. 1279 (2008)
Teofil Peter was a bass player for the Romanian band Compact. On December 4, 2004, at approximately 4:30 a.m., Christopher VanGoethem, a Marine embassy guard, collided with Peter’s taxi while driving a sport-utility vehicle in Bucharest, Romania. Peter ultimately died as a result of the collision. At the time of the accident, VanGoethem was the commander of the security detachment at the U.S. Embassy in Romania. He could not be prosecuted in Romania because of his diplomatic immunity, and he left the country immediately following the accident. Peter’s death provoked an outpouring of grief and outrage among the Romanian people.
The Marine Corps filed charges against VanGoethem, the most serious of which was a charge of negligent homicide. He was then subject to a court-martial, but was ultimately cleared of the negligent homicide charge, although he was found guilty of the lesser offenses of making false statements and obstructing justice. He ultimately received only a formal letter of reprimand for his actions on the night of the collision.
The Romanian people were dissatisfied with the outcome of VanGoethem’s court-martial, particularly the finding that he was not guilty of negligent homicide. Peter’s son remarked, “[m]y dignity has been trampled on, as has the dignity of Romanians.” The Romanian Prime Minister indicated that he would support Peter’s family in filing a civil suit in the United States.
A court-martial, regardless of satisfaction with its outcome, is a criminal proceeding and it provides no civil relief to those actually injured. Indeed, particularly because of the close relationship between the United States and Romania, it would be prudent for Peter’s estate to be given some remedy. For reasons discussed below, however, Peter’s family will be unable to file suit in a judicial forum in the United States to obtain relief for Peter’s death. Relief outside of a judicial forum, however, may be available for Peter’s family and others like them through the settlement authority of various governmental agencies such as the Department of State and the Department of Defense.
This Essay argues that the Department of State should be responsible for redressing injuries caused by Marine guards at embassies, such as Peter’s death, through its statutorily designated settlement power. While the Marine Corps is unquestionably an arm of the Department of Defense, the specific functions of the Marine guards at embassies across the world are primarily diplomatic and, thus, the Department of State should be responsible for compensation.
This Essay first addresses the judicial bar prohibiting Peter’s family from bringing a civil suit in the United States. Next, this Essay discusses the various statutes and regulations that enable the Department of State and the Department of Defense to redress claims such as those that may be made by Peter’s family. Finally, this Essay argues that the Department of State, and not the Department of Defense, should be responsible for the actions of Marine guards at embassies.
