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Not really. Gratuitous means Unnecessary or unwarranted; unjustified (thanks dictionary.com) thus your distinction between murder and genocide is irrelevant.
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Ahh, okay. I supposed gratuitous meant over the top or too much of something. My bad. Perhaps that's what he thought as well, though. That seems to be what most people think gratuitous means, at least where I'm from *coughretardvillecough*. Shrug.
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And I'm not accusing him of contradicting himself. Merely saying something unintentionally humourous.
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Yus.