The International Court of Justice (ICJ) has ruled that the right of workers and their organisations to strike is protected under the International Labour Organization’s Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The landmark advisory opinion was delivered on May 21, 2026, at the Peace Palace in The Hague, following a request submitted by the International Labour Organization (ILO) in November 2023.

The request stemmed from longstanding disagreements among governments, employers, and workers’ groups within the ILO over whether Convention No. 87 guarantees workers the right to strike.

In its ruling, the Court unanimously confirmed that it had jurisdiction to give the advisory opinion and agreed to comply with the request.

By a majority decision of 10 judges to four, the Court concluded that workers and their organisations are indeed protected under Convention No. 87 when exercising the right to strike.

The majority included ICJ President Yuji Iwasawa, Vice-President Julia Sebutinde, and several other judges, while Judges Peter Tomka, Ronny Abraham, Xue Hanqin, and Mahmoud Hmoud dissented.

The advisory opinion followed extensive proceedings that included written submissions from 31 states and organisations, as well as oral presentations by 18 states and five organisations during public hearings held in October 2025.

The issue had generated significant international debate for years, particularly within labour relations circles, with trade unions arguing that the right to strike is fundamental to freedom of association, while some employer groups and governments questioned whether the convention explicitly guaranteed such protection.

The Court’s opinion is expected to strengthen global labour rights advocacy and influence labour laws, industrial relations, and collective bargaining practices in many countries.

Although advisory opinions of the ICJ are not legally binding in the same way as judgments between states, they carry significant legal and moral authority within the international community and the United Nations system.

The International Court of Justice is the principal judicial organ of the United Nations and is responsible for settling legal disputes between states and issuing advisory opinions on legal questions referred to it by authorized international bodies.