37. Another example is the case of France, where it acknowledged its responsibility for the acts of its security agent-s who in 1985 blew up the Rainbow Warrior in Auckland Harbour; New Zea1and; France quickly acknowledged responsibility and accepted that the act was unlawful even though same was ultra vires or contrary to instructions. 38. For clarity we further hold that where the conduct of an organ of a State, of a territorial governmental entity or of an entity empowered to exercise elements of governmental authority, such organ having acted in that capacity, shall be considered as an act of the State under international law even if, in the particular case, the organ exceeded its competence according to internal law or contravened instructions concerning its activity. Attribution to a state for a wrongful act can be seen in twofold to wit- whether the perpetrator of the relevant conduct has the status of an organ of-the state-under internal law of the state and whether the conduct is attributed to the state irrespective of the status of the perpetrator if that person is empowered by-law of-the- state to exercise elements of the governmental authority and was acting in that capacity in the particular instance. As for illegality, it is also the case that where the conduct is unlawful, indeed even exactly contrary to State instructions, it would not erode the responsibility of the State, because, from the perspective of an outsider, all organs and servants of the State are 'the State', and it is meaningless to be told that they acted contrary to the instructions of the State; see the case of US Diplomatic and Consular Staff in Tehran (1980) ICJ Report 3. and International Law by Richard K. Gardiner. 39. In the instant case and influenced by the above jurisprudence and juristic views expressed therein, it is undisputed that the international responsibility of a State for violation of human rights occurred within the territory of the Respondent/defendant through the said policemen under the employment of the Respondent/defendant and wearing their police uniforms and performing apparently like policemen on duty. These policemen being officials and servants of 16