Of course not. Being "criminal" is relative to the society one inhabits.

That being said, he ought to feel badly about what was being done and his part in it. Conscience is higher than, and apart from, being criminal.

I feel badly about some of the things my society is doing right now. I regret my part in it, but short of drastic (and probably technically "criminal") measures, there is little I feel I can do. Just small things, and these don't seem to matter much. So I'm just doing the less bad that I reasonably can. But I still feel bad about some of the things we do.