As the conditions in Thailand met the definition of civil war, the People’s Alliance for Democracy (PAD) occupation of Suvarnabhumi airport is seen as more tactical and less criminal. With that consideration, the court must rule.
When the PAD took Suvarnabhumi airport and Don Mueang airport, they did so to bring and end to the political unrest. The fallout from the closures put the PAD in the news in every country that makes use of the airport. The problems were huge and felt around the world. This single event affected nearly half a million people directly, and all of Thailand indirectly.
Governments were outraged that their citizens were stranded in Thailand. Some situations were of a critical nature that involved the health of some. However as bad as it was, Thailand was in a state of civil war, and all bets are off when it comes to trying to conduct normal business in a war zone. As the Embassies and consulates are all located in Bangkok, it became hard for other countries not to know what was going on. Although politically there is a time to keep your mouth shut, everyone knew the risk of Thaksin’s dysfunctional puppet government. What was being said privately behind the closed doors in the Embassies, was being spoken publically by the Pad and their supporters.
So the question is the taking of the airport a crime, or simply an event during war. This too must be decided by the Thai court. This is what the PAD must face. However on the same note, it the court goes with the state of war, then any alleged violations by the red shirts must also be seen in the same light. So any crimes they may have committed must also be seen as an event of war.