‘Ambassador of Westarctica' arrested on fraud, forgery charges: What are micronations?

Indian Express

2 days ago

A 45-year-old man was arrested on Tuesday (July 22) by the Uttar Pradesh Police's Special Task Force (STF) for running a fake 'embassy' in Ghaziabad and posing as the 'Ambassador' of the micronation of Westarctica.
Harsh Vardhan Jain allegedly claimed to be a 'globe-trotting diplomat' and is believed to have run an elaborate con built on forged documents, a fake embassy, and claims of global influence from a rented two-storey bungalow in Kavi Nagar.
Jain allegedly used morphed images of himself with prime ministers and presidents to con businessmen and launder money. 'He used the guise of diplomacy to influence businessmen, promise them access to international markets, and run a hawala network through shell companies,' the STF said in a statement Wednesday (July 23).
A golden nameplate at the door introduced him as 'His Excellency Harsh Vardhan Jain, Royale Consigliere, Principato di Seborga' — the Royal Advisor to Seborga, another unrecognised micronation in Italy's Liguria province. The bungalow's balcony and roof featured fake flags, including one with a white cross on a blue field and another with a royal crown and shield.
The incident has shone a spotlight on micronations and the ambiguous status they occupy in international law. Here is what to know.
What are micronations?
Micronations are political entities that claim to be independent and sovereign, but lack recognition from any government or international body. They have their own governments, constitutions, flags, currencies, and sometimes even passports.
In the absence of a clear definition of nation-states, the one provided by the Montevideo Convention of 1933 is used. It stipulates that a state must have a permanent population, a defined territory, a government, and the capacity to enter into relations with other states. Micronations often fail to meet one or more of these criteria, especially the latter two.
And why do micronations exist?
People create micronations for various reasons: personal identity, political protest, artistic expression, or to build tight-knit communities outside conventional national structures.
Micronations are constituted in a variety of ways by either individuals or a small group of people. Some are symbolic or artistic statements, like the Principality of Sealand. Others are satirical or political critiques, like the Republic of Molossia, and a few are established purely for fun or ego. Most exist online or in symbolic spaces, like someone's backyard or an abandoned structure, and their 'citizenship' is often honorary or digital. While there is no official count of the number of micronations to exist, the World Population Review in 2023 estimated that over 50 micronations exist, with nine of these in the US and seven in Australia.
Micronations occupy a grey area in international law. They are regarded as trivial and non-threatening in contrast to secessionist movements. Australian constitutional law specialists Harry Hobbs and George Williams, in a 2021 research paper, wrote, 'a micronation poses no security threat to the state and lacks a foundation in domestic and international law for its claim to independence.' ('Micronations: A lacuna in the law', Harry Hobbs and George Williams, International Journal of Constitutional Law, 2021)
A crucial distinction between micronations and nations is that the former are not recognised in domestic or international forums as nations. However, micronations still 'dress themselves in the language of statehood and perform acts of sovereignty', Hobbs and Williams wrote.
They are also seen as distinct from microstates, such as Liechtenstein and Vatican City. Microstates are recognised as sovereign entities.
Mirconations may enjoy symbolic authority, in that they may issue passports, currency, or stamps, to the extent they are simulating states. However, when these entities attempt to assert legal authority, they can face legal trouble, especially if those activities cross into fraud, tax evasion, or misrepresentation. Hobbs and Williams wrote that micronationalists, if found guilty under the law, would be treated in court as citizens of their original country and not as members of a secessionist movement.
Founded in 2001, Westarctica is a micronation which claims a portion of Antarctica known as Marie Byrd Land, a region not claimed by any country under the Antarctic Treaty System. Former US Navy officer and founder of Westarctica, Travis McHenry, used this legal ambiguity to proclaim himself Grand Duke of Westarctica and assert sovereignty over the unclaimed land. He argued that his claim highlighted gaps in international law and raised awareness about environmental and geopolitical issues in Antarctica.
Over time, Westarctica gained a small online following, with 'citizens' numbering in the thousands, most of whom signed up via the internet and received honorary titles. According to their official website, since 2014, Westarctica has been incorporated as a nonprofit organisation, and in 2018, they obtained a 501(c)(3) tax-exempt designation. The micronation has been active in raising awareness about climate change and wildlife in Antarctica, and is also a part of the People's Climate Movement.
In a statement on its website, the micronation sought to distance itself from Jain's alleged crimes. 'Mr. Jain was an authorized representative engaging in unauthorized activities,' it said. The organisation claimed that Jain had made generous donations to the micronation and was invited to join their team of international volunteers, giving Jain the title of 'Honorary Consul to India.' Jain has now been suspended as a representative of the organisation.
The writer is a student who is a summer intern at The Indian Express.