A State may be responsible for the conduct which
is clearly in excess of authority if the official has
used his/her official position. The Gustave Caire
v. United Mexican States case (Caire case, 1929)
concerned the murder of a French national by two
Mexican officers. The Claims Commission held that
the ultra vires acts of officials were attributable to the
state and stated that “the two officers, even if they
are deemed to have acted outside their competence,
acted under cover of their status as officers and used
means placed at their disposal on account of that
status.” They must have acted in all appearance as
competent officials or organs, as they must have
used powers or methods appropriate to their official
capacity