Answerable to Almost No One

The laws of diplomacy leave the U.S. government and local law enforcement agencies all but powerless when it comes to taking legal action against representatives of foreign governments who violate American law. Because of that, Gueorgui Makharadze, the economics minister attached to the Republic of Georgia’s embassy in Washington, seems certain to escape prosecution for the car crash death of a 16-year-old girl in the capital last week.

District of Columbia police believe that Makharadze had been drinking and was driving at excessive speed when he set off a chain reaction of collisions that led to the death of Jovianne Waltrick. Had he been an American citizen or a non-diplomat foreigner, he probably would be looking at the prospect of a long prison term. But because he has diplomatic immunity, about the worst punishment he faces is expulsion from the United States.

Arrest and prosecution would be possible if Georgia waived immunity for Makharadze. Should prosecutors pursue criminal charges, a State Department spokesman says, the U.S. government would request such a waiver. But reaching an agreement like that is highly unlikely. In cases where diplomats get into trouble overseas, most governments, including our own, almost always prefer to bring the accused person home, take disciplinary action if called for and pay compensation when that is indicated. Lifting an errant diplomat’s immunity is a serious step that governments are loath to take, both because of the precedent that would be set and the potential effect on the morale of other diplomatic personnel.

Effective diplomacy is impossible unless a country’s official representatives are secure from arrest, prosecution or capricious harassment under the cloak of law. That’s why international covenants provide for immunity. But it’s patently an abuse of privilege when immunity shields those who unambiguously violate the civil and criminal laws.

A diplomat is not acting in his nation’s interest when his reckless driving kills someone. The Washington tragedy should get governments thinking about how they can impose some plausible limits on the immunity that diplomats enjoy.