ICJ Rules Workers' Right to Strike Protected Under 1948 ILO Treaty

The International Court of Justice (ICJ) issued an advisory opinion on May 21, 2026, affirming that the right to strike by workers and their organizations is protected under the International Labour Organization's 1948 Freedom of Association treaty, Convention 87 ^{[1, 2]}. The ruling came in a 10-4 vote by a panel of 14 judges ^[2].

Although the ICJ's advisory opinions are not binding, they carry significant influence, as many local courts regard them as authoritative ^{[1, 2]}. The ICJ President Yuji Iwasawa said, "The court was of the opinion that the right to strike of workers and their organisations is protected under the International Labour Organization’s 1948 Freedom of Association treaty" ^[2].

Convention 87, ratified by 158 countries, protects workers’ and employers’ freedom to organize and conduct activities, with strikes seen as part of these rights ^{[1, 2]}. However, the ICJ stressed it did not define the precise scope, content, or conditions of the right to strike in its opinion ^[2].

The case originated from a dispute between unions and employer groups over whether Convention 87 implicitly enshrines the right to strike ^{[1, 2]}. Unions maintain the right to strike is inherent in the treaty and warn that rejecting it could lead to erosion of labor rights. Professor Harold Koh said the case "is about more than legal abstractions. It will affect the real rights of tens of millions of working people around the world" ^[1].

Conversely, employer representatives argue that Convention 87 neither explicitly nor implicitly protects the right to strike and that such rights should be determined by individual nations. Mr. Roberto Suarez Santos stated, "The 1948 convention neither explicitly nor implicitly covers the right to strike" ^[1].

The International Labour Organization called the ruling an end to a longstanding division between employers and workers over Convention 87 ^[2].

The conflict began in November 2023, when the ILO formally requested the ICJ’s advisory opinion on whether Convention 87 protects the right to strike ^[2]. Hearings took place at the ICJ in October 2025, involving union and employer representatives debating the treaty's interpretation ^[1]. The ruling was announced in May 2026 ^{[1, 2]}.