|
The
Nations
Let
us now turn to the individual nations whose gun control laws
and genocide records form the core of Lethal Laws.
A.
Armenia
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After
the government of the Ottoman Empire quickly crushed an Armenian revolt
in 1893, tens of thousands of Armenians were murdered by mobs armed and
encouraged by the government. As anti-Armenian mobs were being armed,
the government attempted to convince Armenians to surrender their guns.
[4] A 1903 law banned the manufacture or import of gunpowder without government
permission. [5] In 1910, manufacturing or importing weapons without government
permission, as well as carrying weapons or ammunition without permission
was forbidden. [6]
During
World War I, in February 1915, local officials in each Armenian district
were ordered to surrender quotas of firearms. When officials surrendered
the required number, they were executed for conspiracy against the government.
When officials could not surrender enough weapons from their community,
the officials were executed for stockpiling weapons. Armenian homes were
also searched, and firearms confiscated. Many of these mountain dwellers
had kept arms despite prior government efforts to disarm them. [7]
The genocide
against Armenians began with the April 24, 1915 announcement that Armenians
would be deported to the interior. The announcement came while the Ottoman
government was desperately afraid of an Allied attack that would turn
Turkey's war against Russia into a two-front war. In fact, British troops
landed at Gallipoli in western Turkey the next day. Although the Anglo-Russian
offensives failed miserably, the Armenian genocide continued for the next
two years. [8] Some of the genocide was accomplished by shooting or cutting
down Armenian men. The bulk of the 1 to 1.5 million Armenian deaths, however,
occurred during the forced marches to the interior. Although the marches
were ostensibly for the purpose of protecting the Armenians through relocation,
the actual purpose was to make the marches so difficult (for example,
by not providing any food) that survival was impossible. [9]
The Armenian
genocide differs from the six other genocides detailed in Lethal Laws
in one important respect. Although many Armenians apparently complied
with the gun control laws and the deportation orders, some did not. For
example, in southern Syria (then part of the Ottoman Empire), "the
Armenians refused to submit to the deportation order . . . . Retreating
into the hills, they took up a strategic position and organized an impregnable
defense. The Turks attacked and were repulsed with huge losses. They proceeded
to lay siege." [10] Eventually 4,000 survivors of the siege
were rescued by the British and French. [11] These Armenians who grabbed
their guns and headed for the hills are the converse to the vast numbers
of Armenian and other genocide victims in Lethal Laws who submitted quietly;
although many of the Armenian fighters doubtless died from lack of medical
care, starvation, or gunfire, so did many of the Armenians who submitted.
As was the case of the Jewish resistance during World War II, armed resistance
was enormously risky, but the resisters had a far higher survival rate
than the submitters.
B.
Soviet Union
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As the
authors note, the Bolsheviks were a minority of Communists in a vast and
disparate nation where Communists themselves were a tiny minority. It
should not be surprising that the Bolsheviks worked hard to ensure that
any person potentially hostile to them did not possess arms. [12]
The first
Soviet gun controls were imposed during the Russian Civil War, as Czarists,
Western troops, and national independence movements battled the central
Red regime. Firearm registration was introduced on April 1, 1918. [13]
On August 30, Fanny Kaplan supposedly wounded Lenin during an assassination
attempt; the attempted assassination spurred a nationwide reign of terror.
[14] In October 1918, the Council of People's Commissars (the government)
ordered the surrender of all firearms, ammunition, and sabres. [15] As
has been the case in almost every nation where firearms registration has
been introduced, registration proved a prelude to confiscation. Exempt
from the confiscation order, however, were members of the Communist Party.
[16] A 1920 decree imposed a mandatory minimum penalty of six months
in prison for (non-Communist) possession of a firearm, even
where there was no criminal intent. [17]
After
the Red victory in the Civil War, the firearms laws were consolidated
in a Criminal Code, which provided that unauthorized possession of a firearm
would be punishable by hard labor. [18] A 1925 law made unauthorized possession
of a firearm punishable by three months of hard labor, plus a fine of
300 rubles (equal to about four months' wages for a highly-paid construction
worker). [19]
Stalin
apparently found little need to change the weapons control structure he
had inherited. His only contributions were a 1935 law making illegal carrying
of a knife punishable by five years in prison and a decree of that same
year extending "all penalties, including death, down to twelve-year-old
children." [20]
This
chapter of Lethal Laws summarizes the genocide perpetrated by Stalin from
1929 to 1953, starting with his efforts to collectivize farming by destroying
the class of property-owning farmers. Altogether, about twenty million
people were murdered, worked to death in slave labor camps, or deliberately
starved to death by Stalin's government. From 1929 to 1939, Stalin killed
about ten million people, more than all the people who died during the
entirety of World War I. Stalin's successful campaign of genocide against
the Kulaks and against dissident Communists served as a model for similar
campaigns in China and Cambodia. [21]
C.
Germany
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German
gun control laws are the authors' area of expertise. Mr. Simkin and Mr.
Zelman have previously written a book analyzing the Weimar and Nazi gun
laws in great detail. [22] The German chapter in Lethal Laws contains
the most relevant statutes and regulations, but does not include gun registration
forms and similar materials found in the previous book. Because Lethal
Laws does contain more analysis of the German gun laws in their social
context, Lethal Laws is the more valuable book to anyone except a specialist
in German law.
After
Germany's defeat in World War I, the democratic Weimar government, fearing
(with good cause) efforts by Communists or the militaristic right
to overthrow the government, ordered the surrender of all firearms. Governmental
efforts to disarm the civilian population - in part to comply with the
Versailles Treaty - apparently ended in 1921. [23]
The major
German gun control law (which was not replaced by the Nazis until 1938)
was enacted by a center-right government in 1928. [24] The law required
a permit to acquire a gun or ammunition and a permit to carry a firearm.
Firearm and ammunition dealers were required to obtain permits to sell
and to keep a register of their sales. Also, persons who owned guns that
did not have a serial number were ordered to have the dealer or manufacturer
stamp a serial number on them. Permits to acquire guns and ammunition
were to be granted only to persons of "undoubted reliability,"
[25] and carry permits were to be given "only if a demonstration
of need is set forth." [26] Apparently police discretion
cut very heavily against permit applicants. For example, in the town of
Northeim, only nine hunting permits were issued to a population of 10,000
people. [27]
In 1931,
amidst rising gang violence (the gangs being Nazi and Communist youths),
carrying knives or truncheons in public was made illegal, except for persons
who had firearm carry permits under the 1928 law. Acquisition of firearms
and ammunition permits was made subject to proof of "need."
[28]
When
the Nazis took power in 1933, they apparently found that the 1928 gun
control laws served their purposes; not until 1938 did the Nazis bother
to replace the 1928 law. The leaving of the Weimar law in place cannot
be attributed to lethargy on the Nazis' part; unlike some other totalitarian
governments (such as the Khmer Rouge in Cambodia), the Nazis paid
great attention to legal draftsmanship and issued a huge volume of laws
and regulations. [29] The only immediate change the Nazis made to the
gun laws was to bar the import of handguns. [30]
Shortly
after the Nazis took power, they began house-to-house searches to discover
firearms in the homes of suspected opponents. They claimed to find large
numbers of weapons in the hands of subversives. [31] How many weapons
the Nazis actually recovered may never be known. But as historian William
Sheridan Allen pointed out in his study of the Nazi rise to power in one
town: "Whether or not all the weapon discoveries reported in
the local press were authentic is unimportant. The newspapers reported
whatever they were told by the police, and what people believed was what
was more important than what was true." [32]
Four
days after Hitler's triumphant Anschluss of Austria in March 1938, the
Nazis finally enacted their own firearms laws. Additional controls were
layered on the 1928 Weimar law: Persons under eighteen were forbidden
to buy firearms or ammunition; a special permit was introduced for handguns;
Jews were barred from businesses involving firearms; Nazi officials were
exempted from the firearms permit system; silencers were outlawed; twenty-two
caliber cartridges with hollow points were banned; and firearms which
could fold or break down "beyond the common limits of hunting
and sporting activities" became illegal. [33]
On November
9, 1938 and into the next morning, the Nazis unleashed a nationwide race
riot. Mobs inspired by the government attacked Jews in their homes, looted
Jewish businesses, and burned synagogues, with no interference from the
police. [34] The riot became known as "Kristallnacht"
("night of broken glass"). [35] On November 11, Hitler
issued a decree forbidding Jews to possess firearms, knives, or truncheons
under any circumstances, and to surrender them immediately. [36]
Nazi
mass murders of Jews began after the invasion of the Soviet Union. Extermination
camps were not set up until late 1941, so mass murder was at first accomplished
by special S.S. units, Einsatzgruppen, on June 22, 1941. Working closely
with regular army units, the Einsatzgruppen would move swiftly into newly-conquered
areas, to prevent Jews from fleeing. In some cases, Jews were ordered
to register with the authorities, an act which made them easy to locate
for murder shortly thereafter. As noted above, most of the Soviet population
had been disarmed by Lenin and Stalin or had never possessed arms in the
first place. [37] Raul Hilberg, a leading scholar of the Nazi military,
summarizes that the killers were well armed, they knew what to do, and
they worked swiftly.
The
victims were unarmed, bewildered, and followed orders. . . . It is significant
that the Jews allowed themselves to be shot without resistance. In all
reports of the Einsatzgruppen there were few references to "incidents."
The killing units never lost a man during a shooting operation. . . .
[T]he Jews remained paralyzed after their first brush with death and in
spite of advance knowledge of their fate. [38]
How could
Jews with "advance knowledge of their fate" allow
themselves to be murdered? The authors suggest that these Jews' passivity
doubtless was the result of centuries of victimization in Russia. They
had come to believe that being victimized was normal. In most cases in
Jewish experience, the victimizers were satisfied after the first few
victims. In such situations, resisting was likely to prolong the victimization,
and thus to increase the number of victims. Most Jews did not realize
that the Nazis were different. Most Jews did not realize the Nazis had
no use for living Jews.
On top
of this tendency to accept being victimized, twenty years of Communist
rule - of which Stalin's terror had occupied ten years - had shown Jews
that failure to obey orders was a fatal mistake. [39]
Although
many Jews remained passive throughout the Holocaust, some did not. In
1943, the Nazis attempted to commence the liquidation of the Warsaw ghetto.
[40] But as the Nazis moved in, members of the Jewish Fighting Organization
opened fire. "[T]he shock of encountering resistance evidently
forced the Germans to discontinue their work in order to make more thorough
preparations." [41] The revolt continued, leading Goebbels
to note in his diary: "This just shows what you can expect
from Jews if they lay hands on weapons." [42] Although the
Jews of the Warsaw ghetto were eventually defeated, the Warsaw battle
was perhaps the most significant ever for the Jews, according to Raul
Hilberg: "In Jewish history, the battle is literally a revolution,
for after two thousand years of a policy of submission the wheel had been
turned and once again Jews were using force." [43]
There
were other Jewish uprisings; even in the death camps of Sobibor and Treblinka,
Jews seized arms from the Nazi guards and attempted to escape. A few succeeded,
and more significantly, the camps were closed prematurely. [44] The authors
do not attempt to tell the complete story of Jewish guerilla resistance
during World War II. [45]
The German
chapter is the most successful in the book. The perpetrators and the victims
of Naziism both left extensive written records, allowing Simkin, Zelman,
and Rice to integrate their always-strong textual analysis of the gun
laws with a discussion of the actual impact of the laws on the lives of
victims. [46]
D.
China
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The China
chapter is much less enlightening, mostly because the victims of Mao's
genocide, unlike Hitler's, left much less of a record for Western historians
to uncover. While many scholars agree that about one million people were
murdered during the Cultural Revolution (1966-1976), the number
of people who were starved to death by Mao's communization of the economy
from 1957 to 1960 ("the Great Leap Forward") might
be as low as one million, or as high as thirty million. [47]
Mao,
like Hitler, inherited gun control from his predecessor's regime. [48]
A 1912 Chinese law made it illegal to import or possess rifles, cannons,
or explosives without a permit. [49] The law was apparently aimed at the
warlords who were contesting the central government's authority; Chinese
peasants were far too poor to afford guns. [50] Communist gun control
was not enacted until 1957, when the National People's Congress outlawed
the manufacture, repair, purchase, or possession of any firearm or ammunition
"in contravention of safety provisions." [51]
E.
Guatemala
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Perhaps
the most overlooked genocide of the twentieth century has been the Guatemalan
government's campaign against its Indian population. One reason that the
genocide has attracted little attention may be that the Guatemalan government
has been friendly to the United States.
Gun control
in Guatemala has always been intimately tied to the military's determination
to maintain itself as the dominant institution in society. [52] After
taking power with a revolutionary army of just forty-five men, the Guatemalan
government of 1871 speedily decreed the registration of all "new
model" firearms. [53] Registered guns were subject to impoundment
whenever the government thought necessary. [54] In 1873, firearms sales
were prohibited, and firearms owners were required to turn their guns
over to the government. [55]
Apparently,
the enforcement of the 1873 law began to wane. In 1923, General Jose Orellana,
who had taken power in a coup a few years before, put into force a comprehensive
gun control decree. [56] The law barred most firearms imports, outlawed
the carrying of guns in towns (except by government officials),
required a license for carrying guns "on the public roads and
railways," set the fee for a carry license high enough so
as to be beyond the reach of poor people, and prohibited ownership of
any gun that could fire a military caliber cartridge. [57]
In 1944,
two officers led a revolt against the military government. [58] "Distributing
arms to students and civilian supporters, they soon gained control of
the city [Guatemala City, the capital], and two days later Ponce [the
dictator] resigned, though not before nearly a hundred people had died
in the sporadic fighting." [59] The first free elections
in half a century were held. [60] The new government did not eliminate
the gun control laws, but it did regularize the issuance of carry permits
by specifying that the permits would be issued to an applicant who could
"prove his good character by means of testimonials from two
persons of known honesty." [61]
In 1952,
the democratically elected government of Jacobo Arbenz began an agrarian
reform plan that expropriated large uncultivated estates. [62] Compensation
was based on the taxable value of the land. The United Fruit Company was
angry at the seizure of 386,000 acres of the company's reserve land in
exchange for what the company considered inadequate compensation. [63]
In June 1954, a force of Guatemalan exiles, trained by the CIA, invaded
Guatemala from Honduras. [64] "Unable accurately to assess
the situation in the capital, Arbenz resolved to do as he had done in
1944 and distribute weapons to the workers for the defense of the government.
The army refused to obey, and on 27 June, Arbenz resigned . . . ."
[65]
Contrary
to the assertion of the authors, [66] it is unclear whether total repeal
of the gun controls a decade before would have saved the democratic government.
Firearms at a free-market price might still have been beyond the financial
reach of the peasants and students in a very poor country. What might
have made a difference, however, is the actual distribution of surplus
military arms for free to the citizens of Guatemala while the democratic
regime was in power. [67] But such a policy was not implemented, and for
all practical purposes, the military retained a monopoly of force. As
the authors note, the monopoly "made Arbenz, a duly elected
President, serve at the Military's pleasure. When they wanted him to go,
he went." [68]
In November
1960, reformist military officers attempted a coup and garnered the support
of about half the army. [69] Peasants, wanting to fight for their own
land, asked the rebels for guns so that the peasants could join the battle;
the rebels refused. [70] The coup was finally crushed by loyalist forces
who were supported by the United States. [71] From the 1960s to the 1980s,
the Guatemalan government found itself engaged in perpetual counterinsurgency
campaigns. As part of these campaigns, right-wing terror squads were unleashed
to murder suspected subversives, although regular army units also participated
extensively. [72] Approximately 100,000 Mayan Indians were murdered by
the government during this period. [73]
Amnesty
International has waged a long and courageous campaign against human rights
abuses in Guatemala. [74] The authors reviewing Amnesty International's
proposals for restoring human rights to Guatemala, note that the group
nowhere advocates recognition of a strong legal right to arms or the arming
of the victim populations. [75] Instead, Amnesty argues that the government
should control itself better:
The government
should also thoroughly review the present method of reporting and certifying
violent deaths, particularly those resulting from actions taken by any
person in an official capacity. The aim of such an inquiry should be to
create procedures which will ensure that such deaths are reported to the
authorities, who then impartially investigate the circumstances and causes
of the deaths. All efforts should be made to identify the unidentified
bodies that are found in the country and frequently buried only as "xx",
in order to determine time, place and manner of death and whether a criminal
act has been committed. [76]
Is the
Amnesty proposal realistic? "It seems absurd,"
write Simkin, Zelman, and Rice, "to appeal to so blood-drenched
a government to 'impartially investigate' atrocities its officials have
committed." [77]
The failure
of the Guatemalan government to prosecute its agents for perpetrating
government-sponsored genocide suggests that hopes for domestic legal reform
may be of little use in actually stopping genocide. As the next two chapters
illustrate, international law may be of little greater practical efficacy.
F.
Uganda
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If international
organizations such as the United Nations were ever going to intervene
to stop a genocide in progress, Uganda in the 1970s would have been the
ideal spot. Ugandan dictator Idi Amin was a world pariah with no powerful
allies. He was generally regarded as insane (perhaps from advanced
venereal disease) and his army was, by world power standards, pitiful.
[78] From 1990 to 1991, the United States assembled and led a worldwide
coalition which easily drove Iraqi conquerors out of Kuwait. [79] A multinational
coalition conquest of Uganda would have been all the easier, since Idi
Amin's army was tiny compared to Saddam Hussein's war machine. [80] Kuwait,
however, was a strategic oil resource, [81] while Uganda had few resources
other than the Ugandan people who were being slaughtered by their government.
Although the existence of the Ugandan genocide was well-established as
it was being perpetrated, the possibility of a multinational campaign
to oust Idi Amin was never even a topic for serious discussion, whereas
discussion about the reconquest of Kuwait began days after Iraqi tanks
entered Kuwait. [82]
Not once
in this century has one nation or a coalition of nations launched a military
action to stop a genocide in progress. It is true that wars have sometimes
led to a genocidal regime being deposed; Tanzania ousted Amin, and the
Allies defeated Hitler. But Tanzania and the Allies acted only because
their territory had been invaded, not because they were moved to action
by reports of the murders within Uganda or within Nazi Germany.
Notably,
even when the Allies were engaged in all-out war against Hitler, they
refused to take military action against the extermination camps, such
as by bombing the rail lines that led to them. [83] As historian Raul
Hilberg writes, "The Allied nations who were at war with Germany
did not come to the aid of Germany's victims. The Jews of Europe had no
allies. In its gravest hour Jewry stood alone, and the realization of
that desertion came as a shock to Jewish leaders all over the world."
[84] The people of Uganda likewise stood alone from 1971 to 1979, when
Idi Amin's dictatorship killed about 300,000 people, roughly 2.3% of the
total population. [85]
The authors
began their study of Ugandan gun laws with a 1955 statute promulgated
by the British imperial government, although this gun control law may
not have been Uganda's first. [86] Although the British / Ugandan law
had the length and complexity typical of modern statutes, the essence
was a provision requiring that a person could only possess a firearm if
he had a permit, and the permit would be granted by the police only upon
a discretionary finding regarding the applicant's "fitness"
to possess a firearm. [87]
Uganda
achieved independence in 1962, [88] keeping the structure of the Colonial
gun laws intact. In 1966, Milton Obote assumed dictatorial powers. In
1969, Obote tightened the gun laws, imposing a nationwide ban on firearms
and ammunition possession, making exceptions only for government officials
and for persons granted an exemption by the government. [89] In 1970,
the 1955 British gun law was recodified, with some minor changes. [90]
Idi Amin
took power in 1971, and the mass murders began shortly thereafter. The
nation's large Asian population was expelled (not murdered), and
in the process the Ugandan government seized approximately a billion dollars'
worth of the Asians' property. [91] The main targets of the Ugandan government's
mass murders were members of tribes whom Amin perceived as a threat to
his power. [92] Because Uganda had far less of an infrastructure than
Nazi Germany, the murders were perpetrated mostly by bands of soldiers
who shot their victims, rather than through extermination camps. [93]
Amin's
army numbered about 25,000 and his secret police - the "State
Research Bureau" - only 3,000. [94] The army was ill-disciplined
and incompetent, and collapsed not long after Amin began his ill-advised
war against Tanzania in late 1978. [95] How could such a small and pathetic
army get away with mass murder against a nation of thirteen million people?
Is it possible that a disarmed Ugandan population was easier to murder
than an armed one?
Idi Amin,
by the way, now lives in Saudi Arabia. [96] As far as I know, there has
been no effort to extradite him and put him on trial for murder. With
the exceptions of the rulers of the nations that lost World War II, none
of the perpetrators of genocide in the 20th century have been prosecuted
for crimes against humanity.
G.
Cambodia
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Also
enjoying a comfortable post-genocide life is Pol Pot, the perpetrator
of the best known mass-murders of the post World War II era.
Cambodian
gun control was a legacy of French colonialism. [97] A series of Royal
Ordinances, decreed by a monarchy subservient to the French, appears to
have been enacted out of fear of the Communist and anti-colonial insurgencies
that were taking place in the 1920s and 1930s throughout Southeast Asia,
although not in Cambodia. [98] The first law, in 1920, dealt with the
carrying of guns, while the last law in the series, in 1938, imposed a
strict licensing system. [99] Only hunters could have guns, and they were
allowed to own only a single firearm. [100] These colonial laws appear
to have stayed in place after Cambodia was granted independence. The Khmer
Rouge enacted no new gun control laws, for they enacted no laws at all
other than a Constitution. [101]
Cambodia
was a poor country, and few people could afford guns. [102] On the other
hand, the chaos that accompanies any war might have given some Cambodians
the opportunity to acquire firearms from corrupt or dead soldiers. There
is no solid evidence about how many Cambodians, with no cultural history
of firearms ownership, attempted to do so. [103]
As soon
as the Khmer Rouge took power, they immediately set out to disarm the
populace. One Cambodian recalls that Eang
[a woman] watched soldiers stride onto the porches of the houses and knock
on the doors and ask the people who answered if they had any weapons.
"We are here now to protect you," the soldiers
said, "and no one has a need for a weapon any more." People
who said that they kept no weapons were forced to stand aside and allow
the soldiers to look for themselves. . . . The round-up of weapons took
nine or ten days, and once the soldiers had concluded the villagers were
no longer armed, they dropped their pretense of friendliness. . . . The
soldiers said everyone would have to leave the village for a while, so
that the troops could search for weapons; when the search was finished,
they could return. [104]
People
being forced out of villages and cities were searched thoroughly, and
weapons and foreign currency were confiscated. [105] To the limited extent
that Cambodians owned guns through the government licensing system, the
names of registered gun owners were of course available to the new government.
[106]
The Cambodian
genocide was unique in the twentieth century, in that its target was not
a single ethnic, religious, or political group, but rather the entire
educated populace. Lacking infrastructure for sophisticated Nazi-style
extermination camps, the Khmer Rouge used the genocide methods which had
been used by the Turkish government (internal deportations with forced
marches designed to kill), the Soviet government (hard labor under
conditions likely to kill), and the Guatemalan government (murders
of targeted victims). [107]
Like
other victims of genocide, the Cambodians forced into slave labor were
kept so desperately hungry that revolt became difficult to contemplate,
as every thought focused on food. One slave laborer explained that there
was no possibility of an uprising. . . .
Contact
between many people was made impossible by the chlops [informers] . .
. . Besides, we had no arms and no food. Even if we'd been able to produce
arms and kill the fifty Khmer Rouge in the village, what would happen
to us? We didn't have enough food to build up any reserves to sustain
a guerilla army. In our state of weakness, after a few days wandering
in the jungle, death would have been inevitable. [108]
The
authors estimate that Pol Pot and his Khmer Rouge murdered about a million
people, at least 14% of the Cambodian population. [109] The percentage
was about the same as the percentage of the Soviet population murdered
by Stalin, except that Pol Pot accomplished in three-and-a-half years
what took Stalin twenty. [110]
The mass
murders of the Khmer Rouge became well known in the international community,
but no nation made an effort to try to rescue the Cambodian people. Finally,
Pol Pot was driven from power by a Vietnamese invasion that was motivated
by imperialist, rather than humanitarian reasons. [111]
Pol Pot's
fate was thus similar to Idi Amin's: the world would tolerate genocide,
but threatening the borders of a neighboring country would lead to the
regime's demise. According to the New York Times, "Pol Pot
is today a free, prosperous and apparently unrepentant man who, 15 years
after his ouster from Phnom Penh, continues to plot a return to power.
The calls for some sort of international genocide tribunal for Pol Pot
and his aides have not been heard for years." [112]
The authors
have demonstrated that every nation in the twentieth century which has
perpetrated genocide has chosen a victim population which was disarmed.
If the intended victims were not already "gun-free,"
then the murderous governments first got rid of the guns before they attempted
to begin the killing.
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