This would mean, in theory, that no person or nation can side-step the blame - and ensure the deaths of 298 people, including 39 Australians, when MH17 was shot out of the sky on July 17, 2014 do not go unpunished. Vladimir Putin's Russia has argued that trying to set up the independent tribunal now is hasty. Credit:Reuters It's about bringing the perpetrators to justice. But it's a massive task, given it is regarded as all but certain [despite their denials] that it was Russian-backed separatist rebels who fired the deadly Buk surface to air missile while in occupied Ukrainian territory. And there's a Putin-sized problem in the way, too.

On the eve of the UN hearing that will decide whether the families who lost loved ones will see justice, Russia and its allies are again being obstructionist. Pushing for a tribunal to prosecute the people who shot down MH17: Foreign Affairs Minister Julie Bishop speaks to members of the Security Council during a UN meeting last year. Credit:Reuters Ms Bishop had a blunt message for Russia as she arrived in New York early on Tuesday morning, Australian time. "We cannot allow a veto in the United Nations Security Council to avoid justice," she said. "We owe it to the families to pursue those responsible, we owe it to those who are still suffering and grieving over the loss of their loved ones aboard MH17. They will not have closure in their lives until this matter is completed."

Ms Bishop arrived in New York to lead three more days of intense lobbying and diplomacy, meeting with everyone from Russian UN representative Vitaly Churkin through to UN Secretary-General Ban Ki Moon. The crunch vote on the independent criminal tribunal is due in the early hours of Thursday morning. The Russians are dragging their feet, arguing that although the final report by the joint investigation team is due as soon as October, trying to set up the independent tribunal now is hasty. Or, as President Putin told Dutch Prime Minister Mark Rutte recently, it would be 'premature" and "counterproductive", and a resolution Russia would oppose. Ms Bishop said Australia hoped a unanimous resolution to establish the international criminal tribunal would be passed once the crash investigation was finalised.

She dismissed Russia's concern about undue haste in establishing the tribunal. "If that were Russia's concern then I would expect that Russia would abstain, but I will be advocating for a unanimous resolution," she said, pointing out that resolution 2166 last July, which established the investigation, had been unanimous. "Justice delayed is justice denied. We owe it to the families and the loved ones of those who died on MH17 to pursue the criminal investigation as soon as possible. "Any further delay sends a very bad message to the increasing number of non-state actors who are capable of such an atrocity. The international community needs to be utterly united in condemning any attack on civilian airlines in commercial airspace." But diplomatic observers say that some of the 10 non-permanent members of the UN Security Council could be swayed by Russia and the five member nations of the joint investigation team – Ukraine, Netherlands, Malaysia, Australia and Belgium – face a tough fight.

Others are more optimistic, though conceding it will be difficult to secure all 15 votes of the permanent and non-permanent members. In the end, nine votes will do the job. And the pursuit of justice for the victims of MH17 will continue regardless. Follow us on Twitter