ICJ advisory opinion affirms right to strike under ILO Convention 87

On 21 May 2026 the International Court of Justice issued an advisory opinion on the right to strike, answering a request from the International Labour Organization. By a ten‑to‑four vote, the Court concluded that the right to strike is protected by ILO Convention No. 87 on freedom of association, elevating it to a recognised human right and a component of customary international law.

The opinion interprets the convention’s provisions on freedom of organisation to include collective work stoppages, defining a strike as a temporary cessation or slowdown of work intended to press demands. It was hailed as a boost for trade unions worldwide, especially in countries where strike rights are limited, and was noted for its potential influence on national courts, such as in India. The Court’s reasoning invoked the Vienna Convention on the Law of Treaties to apply “relevant rules of international law,” a move that sparked some scholarly debate about the limits of advisory opinions and state consent.

The advisory opinion marks the first time the ILO has sought an ICJ view and is expected to shape labour‑rights litigation and policy across the 187 states that are party to the convention, at a time when violations of strike rights have been reported in the vast majority of countries.