ICJ Confirms Workers’ Right to Strike Under International Labour Law

In a landmark advisory opinion delivered on 21 May 2026, the International Court of Justice (ICJ) clarified that the right to strike is protected under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (ILO Convention No. 87). The opinion resolves a long-standing international dispute concerning whether workers’ organizations may lawfully engage in strikes despite the convention containing no explicit reference to such a right.

The proceedings arose from disagreements over the interpretation of Articles 2, 3, and 10 of Convention No. 87. Employer organizations, including Business Africa and the International Organisation of Employers, argued that the convention protects only internal union functions such as electing representatives, adopting constitutions, and collective organization. They contended that extending the convention to include strikes would contradict established principles of treaty interpretation under the Vienna Convention on the Law of Treaties.

Rejecting this restrictive interpretation, the ICJ held that the convention’s guarantee allowing workers’ organizations to “organize their activities and formulate their programmes” necessarily encompasses the right to strike. The Court reasoned that strikes, understood as temporary work stoppages or slowdowns undertaken to advance workers’ demands, constitute a legitimate form of collective activity protected by freedom of association.

The Court further noted that several states challenging the prevailing interpretation including Bangladesh, Costa Rica, Japan, and Switzerland are parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR), whose Article 8 expressly safeguards the right to strike. Their acceptance of that treaty reinforced the broader international recognition of strike action as a protected labour right.

Although advisory opinions are not legally binding, the ruling carries significant persuasive authority. The International Trade Union Confederation (ITUC) welcomed the decision, describing strike action as an essential mechanism through which workers protect their interests, secure decent working conditions, and participate in democratic society. The opinion is expected to strengthen labour rights protections across the 158 states that have ratified Convention No. 87 and influence labour standards embedded in international trade agreements and global governance frameworks.