Overview
- The International Court of Justice issued a 10-4 advisory opinion on Thursday, May 21, 2026, saying the right to strike is encompassed by the freedom of association in ILO Convention 87.
- The court stressed the opinion is not legally binding and explicitly did not define the precise scope, content or permissible limits of strike rights.
- The ruling resolves a long-running dispute inside the ILO between unions and employer groups that led the ILO to ask the ICJ for guidance in 2023 after hearings in October heard from 18 states and five international organisations.
- Labour advocates and legal networks say the opinion will be used to challenge domestic strike bans, retaliation and overly broad restrictions, while employer groups and some states have warned existing national rules should remain in place.
- Convention 87 has been ratified by 158 countries and is embedded in UN labour standards and OECD guidance, so the ICJ opinion could carry strong persuasive weight in national courts and policy debates even though it leaves detailed limits to states and future legal cases.