Can Your Boss Stop You From Striking? International Law Just Said No.

By Yusra Suedi (PhD, Assistant Professor of International Law at University of Manchester)

The International Court of Justice (ICJ) was asked to answer one question: Does workers’ rights to strike count as a protected right under a major international labour treaty from 1948?

Yesterday, it answered: Yes.

What’s the back story?

The treaty in question is called Convention No. 87. It was adopted by the International Labour Organization (ILO): a UN agency made up of governments, employers, and workers’ groups. Countries that sign up to it promise to protect workers’ rights to form unions and organise.

But here’s the thing: the treaty never actually says that the right to strike is protected too.

This wasn’t an accident. When governments, employers, and workers’ groups wrote the treaty, they couldn’t agree on strikes… so they left it out.

Over time, though, international labour experts started treating the right to strike as an assumed, obvious part of the deal (‘If you can organise, you can strike’). But employers eventually pushed back and said: “Wait… we never agreed to that.”

So they asked the ICJ to settle it.

What was each side arguing?

Workers’ groups said: The right to strike is so essential to the right to organise that it’s automatically included, even if the treaty doesn’t explicitly say so.

Employers’ groups said: The treaty was deliberately silent on strikes. You can’t just read in obligations that were specifically left out during negotiations. If we’d wanted strikes included, we would have said so.

Why does this matter?

Convention No. 87 is one of the most widely accepted labour treaties in the world. Chances are the country you live in has signed up to respect it.

The ICJ opinion doesn’t create the right to strike from scratch (it’s already in a major human rights treaty). But including it in Convention No. 87 is powerful because of how it gets enforced:

If you're a worker anywhere in the world and your government bans strikes, unions can now file complaints with the ILO citing this opinion… and your government faces real international pressure to back down.

So next time you go out to strike and your boss says you can’t? Check if your country is part of Convention No. 87. If it is, tell them: the ICJ said my right to strike is protected under international law.

(And drop a comment if you need a lawyer 😁)