On November 16, 2023, the International Court of Justice (ICJ) issued an order [3] organizing proceedings for rendering an advisory opinion on the question [4] of whether the right of workers to strike is protected under the Freedom of Association and Protection of the Right to Organize Convention [5] of 1948. The ICJ decided that the International Labor Organization (ILO) and States parties to the Convention “are considered likely to be able to furnish information on the question submitted to the Court….” Additionally, the six consultive organizations of the ILO “(the International Organization of Employers, the International Trade Union Confederation, the World Federation of Trade Unions, the International Cooperative Alliance, the Organization of African Trade Union Unity, and Business Africa)” are considered to be able to provide relevant information to the Court.

The International Labor Organization submitted only the one question and requested that the advisory opinion be “rendered urgently,” which requires the Court to “take necessary steps to accelerate the procedure.” As such, the Court has set May 16, 2024, as the “time-limit within which” any written statements must be submitted and September 16, 2024, as the limit for submitting any comments on other written statements. The Court has not set any further dates or proceedings, having reserved “the subsequent procedure for further decision.”