International Court of Justice affirms global right to strike in landmark advisory opinion

The International Court of Justice (ICJ) issued an advisory opinion, voting 10‑4, that the right to strike is protected under the International Labour Organization’s Freedom of Association and Protection of the Right to Organise Convention (No. 87). The Court interpreted the convention using the Vienna Convention on the Law of Treaties and referenced the International Covenant on Economic, Social and Cultural Rights and the ICCPR, thereby giving deference to ILO supervisory bodies that have long read the treaty as covering strike action.

The advisory opinion does not create binding obligations, but it carries significant legal and political weight for the 158 states that have ratified Convention 87, including Australia, Canada, Indonesia and the United Kingdom. It strengthens the ability of trade unions worldwide to invoke the convention in domestic disputes and reinforces the ILO’s role in supervising labor rights.