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THE PROGRESSIVE REVIEW - December 31, 2009

Women Soldiers in Iraq Who Become Pregnant Face Court-Martial
by: Yana Kunichoff
truthout|Report

Under a controversial new Army policy, female soldiers
serving in northern Iraq may face a court-martial and
possible jail time if they become pregnant and male
soldiers and civilians employed by the Army who
impregnate the women may also be charged with crimes.

The prohibition, introduced by Maj. Gen. Anthony Cucolo III
and first reported by Stars and Stripes, has caused a furor
among activists and in the veterans' community for the
limitations it places on reproductive rights and personal
privacy.

"It is so obviously outrageous," said Terry O'Neill,
president of the National Organization for Women. "It is
not up to the United States military to determine when
and how often women will become pregnant, or determine
whether a women carries a pregnancy to term or not."

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According to the order, which has been in effect since
November 4, the policy is "applicable to all United States
military personnel, and to all civilians, serving with,
employed by, or accompanying" the military in northern
Iraq and would be violated by "becoming pregnant, or
impregnating a soldier, while assigned to the Task Force
Marne (Area of Operations), resulting in the redeployment
of the pregnant soldier."

Current military policy requires that a pregnant soldier
be taken out of Iraq within 14 days. Married couples
serving together are allowed to live together, but if the
wife becomes pregnant that too is a prosecutable offense
under the new policy.

Cucolo called the issue "black and white." In an interview
with the BBC, Cucolo said that soldiers in war zones
should either put their love lives on the back burner, or
take precautions.

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"I've got a mission to do, I'm given a finite number of
soldiers with which to do it and I need every one of
them," Cucolo said. "So I'm going to take every measure
I can to keep them all strong, fit and with me for the
twelve months we are in the combat zone."

Kate Hoit, who served as an Army photojournalist in Iraq
from 2004 to 2005, criticized Cucolo for his narrow
approach to the problem.

"Major General Cucolo is naive for thinking he can solve
the pregnancy problem by banning it," she said in an
op-ed article on VetVoice. "Does a commander or a platoon
sergeant have the ability to keep track of their soldiers'
every move? Not at all... If you can't even enforce the
rules already at hand, why attempt to take the next step?"

Eugene Fidell, who teaches military law at Yale Law School
and is president of the National Institute of Military
Justice, called the prohibition "a mare's nest of legal,
ethical and policy issues... Here you really have issues
that go to the core of personal autonomy: reproductive
rights." Fidell also said there are issues of enforcement
- though men are equally culpable under the order, they
could go unpunished unless identified by their partners.

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The Department of Defense was not available for comment,
but according to Col. David S. Thompson, inspector general
for soldiers in Iraq, no one has yet been punished or
accused under the new policy.

O'Neill said this is part of a larger curtailment and
interference by the military in women's reproductive
rights, which includes the continuing ban on abortions
for women at military bases overseas. She said she expects
the threat of a court-martial for pregnancy, which has
been reviewed and approved by military staff judges in
Iraq, to be overturned by an administration for whom the
female vote was crucial.

"This is the kind of misogyny that I fully expect the
Obama administration will look at and say 'This isn't
acceptable,' O'Neill said. "Women are essential to the
success of the United States military and he [Cucolo]
needs to treat them as such."

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