Partly Facetious: European courts cautious about war crimes, Poodle is perturbed

"Something weird is happening in the courts of Europe."
"They are challenging the writ of their government?"
"So are they being bombed?"
"Don't be facetious."
"Anyway, the people of Europe are actually challenging the foreign policy acts of their government."
"Like how?"
"Well, in the UK two men cut fences surrounding an airbase in Fairford, Gloucestershire and went straight to the B-52 bombers stationed there."
"Who did the planes belong to?"
"The US air force."
"Ah, I see."
"Anyway, they had tools and paint in their hands when the guards apprehended them."
"Caught before the act?"
"Yes but they admitted that they were seeking to disable the planes in order to, hear this, prevent war crimes from being committed."
"They must have been tried for conspiracy to commit a crime."
"Yes, they were and last week after long deliberations the jury failed to reach a verdict."
"Interesting!"
"The same thing happened last month. Two people entered the same air base and smashed more than 20 vehicles used to load bombs on the B-52s."
"And their argument was that the war on Iraq was a crime of aggression and..."
"Right, and they cited section 5 of the 1971 Criminal Damage Act which provides a lawful excuse for damaging property if it prevents property belonging to other people, read the Iraqis here, from being damaged. They also referred to Section 3 of the 1967 Criminal Law Act which requires a person to use reasonable force...recall the recent Israeli and Hezbollah war..."
"Very interesting!"
"The judge said if the weapons used have an adverse effect on civilian populations which is disproportionate to the need to achieve the military objective then it is a war crime."
"So now what?"
"The defendants will likely be tried again next year it is thought but in Germany and Ireland the courts have given verdicts in favour of the campaigners who have destroyed weapons of war."
"And I hear in Germany the court threw away a charge of insubordination against a major who refused to obey an order which he believed would implicate him in the invasion of Iraq."
"And rightly so! If you can try all the Nazis for war crimes in that they were only obeying orders then surely..."
"Poodle is scared and has said these decisions are not good as they would weaken the government's hand in undertaking foreign policy aims..."
"With war as the outcome?"
"Indeed."
"And you prefer the new and improved democracy to the old and tried one!"