Normally, yes. This is not a normal circumstance though. In this scenario, the misissued intermediates effectively have sudo access to cancel a revocation issued by the parent CA. This is equivalent to being told that a non-root user could cancel a userdel command run by root. For policy compliance, the intermediates have to revoke their certificates — but since the intermediates can immediately un-revoke themselves, proof of key destruction is necessary as well to ensure that they cannot.