As such, it was not party to the Genocide Convention when the then proceedings were instituted, neither was it party to the Statute of the Court. Bosnia and Herzegovina ("Bosnia") argues that res judicata applies, as the issues raised by Serbia has already been resolved in the 1996 Judgment of the same set of proceedings that dealt with preliminary objections.
Bosnia is attempting to prevent Serbia from raising the same issues again by invoking the principle of res judicata, based on a previous judgment in the same case from 1996.