© International Court of Justice/F. van Beek The International Court of Justice has issued a landmark advisory opinion on Convention 87, which guarantees freedom of association. (Photo from the archive) The International Court of Justice upheld the right of workers and trade unions to strike International Law
On Thursday, the International Court of Justice in The Hague issued a landmark advisory opinion, confirming that workers and trade unions have the right to strike under a major international labor law treaty. It is expected that this decision will strengthen the position of workers in labor disputes.
Fourteen judges – 10 to four – ruled that protection of the right to strike is inextricably linked to the right to freedom of association guaranteed by International Labor Organization (ILO) Convention 87, which has been ratified by 158 countries.
The court began hearing the case in October 2025 – upon request ILO Convention 87, the key global treaty in the field of labor law, was adopted in 1948. Despite its fundamental importance, states are still divided over whether the convention covers the right to strike. binding force, they have a significant impact on the development of international law and state practice. Since 1946, the Court has issued approximately 30 such opinions. The latest ones concerned Israel’s policy in the Palestinian territories and states’ obligations to combat climate change.
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