Almost all the cases involve self-reference – the only ones that did not are UN Security Council references, done in the same way as the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda were set up. The other case, Kenya, was set up when the ICC prosecutor used its power in the Rome Statute. This only occurred after the Kenyan parliament failed to implement the recommendations of the Waki Commission, which it set up.  While horrible events occurred in Sri Lanka, the ICC does not have the ability to prosecute unless the case is referred to the court by the UN Security Council, or the Sri Lankan government, which is unlikely – it is not a kangaroo court that can make up jurisdiction to hear a case for political reasons [1] . Colombia is still being investigated [2] .  [1] Rome Statute, Article 22  [2] Office of the Prosecutor, Report in to Preliminary Examination Activities, 2013,