ICJ: Gives Its Advisory Opinion And Responds To The Question Posed By The ILO Pertinent To Right To Strike Under ILO Convention No. 87.

Hague; May 2026: The International Court of Justice has today (Thursday – 21st May 2026) given its Advisory Opinion on the Right to Strike under ILO Convention No. 87.

It is recalled that on 10th November 2023, at its 349th bis (Special) session, the Governing Body of the International Labour Office, acting in accordance with Article 37, paragraph 1, of the Constitution of the International Labour Organization (ILO) and Article IX, paragraph 2, of the Agreement between that Organisation and the United Nations, adopted a resolution by which it decided to request the International Court of Justice to render an advisory opinion.

In its resolution, the Governing Body, stating that it is “[c]onscious that there is serious and persistent disagreement” among the Organisation’s tripartite constituents on the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), with respect to the right to strike, decided, in accordance with Article 37, paragraph 1, of the ILO Constitution,

“[t]o request the International Court of Justice to render urgently an advisory opinion under Article 65, paragraph 1, of the Statute of the Court, and under Article 103 of the Rules of Court, on the following question:

Is the right to strike of workers and their organizations protected under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)?”

The request for an advisory opinion was transmitted to the Court by the Director-General of the International Labour Office by a letter dated 13th November 2023. During the written phase of the

proceedings, 31 written statements and 15 written comments on those written statements were filed

in the Registry by States and organizations. Subsequently, the United Kingdom withdrew its written

statement, and the United States withdrew its written statement and its written comments. The Court

held public hearings in the proceedings from 06th to 08th October 2025, during which 18 States and

05 organisations presented oral statements.

In its Advisory Opinion, the Court:

“(1) Unanimously,

Finds that it has jurisdiction to give the advisory opinion requested;

(2) Unanimously,

Decides to comply with the request for an advisory opinion;

(3) By ten votes to four,

Is of the opinion that the right to strike of workers and their organizations is protected under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

IN FAVOUR: President Iwasawa; Vice-President Sebutinde; Judges Bhandari, Nolte,

Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;

AGAINST: Judges Tomka, Abraham, Xue, Hmoud”.

President IWASAWA appends a separate opinion to the Advisory Opinion of the Court;

Vice-President SEBUTINDE appends a declaration to the Advisory Opinion of the Court;

Judges TOMKA, ABRAHAM and XUE append dissenting opinions to the Advisory Opinion of the Court;

Judge BHANDARI appends a declaration to the Advisory Opinion of the Court;

Judges NOLTE and GÓMEZ ROBLEDO append separate opinions to the Advisory Opinion of the Court;

Judge CLEVELAND appends a declaration to the Advisory Opinion of the Court;

Judge TLADI appends a separate opinion to the Advisory Opinion of the Court;

Judge HMOUD appends a dissenting opinion to the Advisory Opinion of the Court.

Team Maverick.