Between 6 to 8 October 2025 the International Court of Justice is hearing from 18 States and 5 international organisations in landmark advisory opinion proceedings on an important question of treaty interpretation.
The request for an advisory opinion arises out of the International Labour Organisation (ILO), which has sought the Court’s guidance as to whether Convention 87 of the ILO – on the freedom of association and the right to organise – protects the right to strike. This is the first request for an advisory opinion by the ILO since its request in 1932, made to the Permanent Court of International Justice.
The ILO has a unique tripartite structure, in which workers, employers and governments meet together, on an equal footing, to decide upon international labour standards. In this context, the International Organisation of Employers (IOE) is the Secretariat of the Employers’ Group in the ILO representing all employers’ organisations globally; and the International Trade Union Confederation (ITUC) is the Secretariat of the Workers’ Group at the ILO representing all workers’ organisations globally.
Michelle Butler, Paul Skinner, Anirudh Mathur and Roisin Swords-Kieley were instructed by the IOE to represent the position of the Employer’s Group before the ICJ. The IOE recognises a right to strike, including at national and regional levels, but disputes that Convention 87 had ever been intended to or does now include that right.
Michelle and Anirudh presented oral submissions on behalf of the IOE before the Court on the first morning of the hearing. Their submissions can be viewed here.
Further information about the proceedings and the written submissions of the participating States and international organisations can be found here.