The Russian-backed rebels suspected of shooting down Malaysian Airlines flight MH17 are likely to escape justice – at least in the short term – with Russia poised to veto a United Nations resolution to establish an independent criminal tribunal.
Foreign Minister Julie Bishop appealed to Russia's United Nations representative Vitaly Churkin, during an hour-long meeting in New York on Tuesday, for a last-minute rethink by Moscow.
She asked Mr Churkin – who said during the meeting he had used Russia's Security Council veto on 10 occasions - to ask President Vladimir Putin to "save your vetos for something that is in Russia's national interest. This is not."
And she has warned Russia that "there are other options available to us, but we are seeking the third element of resolution 2166 - first recover the bodies, second [establish] an investigation, third, hold those responsible to account".
"A veto would be an affront to the families and the 298 passengers and crew aboard MH17 who died.
"I'm asking for nothing more and nothing less than a criminal investigation into who is responsible for the downing of MH17 - that's precisely what the unanimous resolution 2166 envisaged [last July]."
But with Russian opposition hardening, amid growing evidence Russian backed rebels shot down MH17, Australia and other nations are pushing for Russia to at least abstain during the vote, which will be held on Thursday morning, Australian time.
Mr Churkin told Russian news agency Tass on Tuesday that "we will vote against [establishing the tribunal]. I have no doubt about that. If the resolution enrols nine or more votes, we will veto it".
He argued the resolution would "create another hot spot of confrontation that might have far-reaching impacts on international relations".
The proposed tribunal would be begin work once the five-member joint investigation team – from Malaysia, Australia, Holland, Belgium and the Ukraine – finish investigating the downing of the plane later this year.
Ms Bishop's comments were made on the sidelines of a rolling series of about a dozen meetings with the foreign ministers and UN representatives of other nations.
For a UN Security Council resolution to pass, nine of 15 votes are required.
But as one of the permanent five members of the Security Council, Russia has a permanent right - along with the US, UK, China and France - to veto resolutions.
