On December 14, 2023, the International Labour Office (ILO) submitted a dossier comprising 342 documents across five volumes to the International Court of Justice (ICJ) in compliance with article 65(2) of the Court’s Statute. This action followed the decision of the ILO Governing Body to refer a dispute concerning the right to strike to the ICJ in The Hague.
The collection of documents, sourced from both ILO and non-ILO entities, is expected to shed light on various aspects of the interpretation dispute, including debates within institutions regarding the interpretation of Convention No. 87, potential referral under article 37(1) of the ILO Constitution, the historical decisions of ILO supervisory bodies on the right to strike, and the acknowledgment of the right to strike within international human rights law.
Accompanying the dossier was an Introductory Note. In accordance with established norms, and to facilitate the preparation of written statements by Member States parties to Convention No. 87 and the six international organizations of employers and workers with general consultative status at the ILO, the ICJ Registry has made the ILO dossier available on the Court’s public website.
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