The International Court of Justice (ICJ) launched a pivotal series of advisory opinion hearings this Monday, aimed at clarifying the legal status of the right to strike as outlined in the International Labour Organization (ILO) Convention No. 87. This marks a significant judicial inquiry into the Freedom of Association and Protection of the Right to Organise Convention of 1948, a treaty ratified by 158 countries.

The court's agenda is to determine if the convention supports a worker's right to strike, a topic that has attracted global attention and prompted intense debate. Representations from 21 nations and numerous organizations, along with 31 written submissions to the ICJ Registry, underline the widespread interest and potential impact of the court's decision.

Arguments preceding the hearings have highlighted the opposing views on this matter. Paapa Danquah from the International Trade Union Confederation champions the right to strike as essential for defending labor rights and human dignity. Conversely, Roberto Suárez Santos of the International Organisation of Employers contends that the convention does not explicitly recognize such a right, suggesting that an affirmative interpretation could disrupt national labor frameworks.

This request for an advisory opinion, submitted by the ILO in November 2023, is the first of its kind since 1932. Tomi Kohiyama, an ILO legal advisor, stressed that the ILO Secretariat will not take a stance but will instead provide the court with necessary contextual information and interpretative approaches under the Vienna Convention on the Law of Treaties.

Presiding Judge Yūji Iwasawa articulated the formal question to the bench, emphasizing the unique tripartite structure of the ILO, which represents governments, employers, and workers alike. He referenced the broader backdrop of international human rights instruments that recognize workers' rights, such as the International Covenant on Economic, Social, and Cultural Rights and the Universal Declaration of Human Rights.

The relevance of the right to strike in today's global labor environment cannot be overstated. According to the 2025 ITUC Global Rights Index, an alarming 87 percent of countries have violated the right to strike, with many workers facing diminished access to justice.

The hearings, set to take place from October 6-8 at the Peace Palace in The Hague, are not only a judicial proceeding but a defining moment in the ongoing global dialogue about labor rights and human dignity. This historic inquiry by the ICJ could set a precedent influencing international labor law for generations to come.